Council Tax and house repossession help!

[zoe]

NO!
A class Q is an indefinate thing = it is for properties left empty by a bankrupt!
A class c is an empty and unfurnished property, which is for a maximum of 6 months, it is different altogether!

[chris.g]

Jane claimed class c excemption, apparantly there's a class q which excemts because it was vacated..something like that.

[chris.g]

Oh Zoe, it's a pity you don't work for Jane's council, could be sorted in a flash.

[zoe]

I hope i dont - which Council is it??

[MelanieGiles]

So under the Class Q - the property is completely exempted for the whole period of the bankrutpcy Zoe?

[zoe]

the class q is for "properties left empty by a bankrupt"

[chris.g]

I think class q is indefinately until ownership changes, isn't it Zoe?

[ianmillington]

Here is a very interesting link, which backs up what Zoe is saying.

Very interestingly Class Q covers properties that are "the responsibility of a bankrupts trustee". It then reads:

"Note that if the person who is bankrupt remains in occupation of the property, that person remains liable to pay Council Tax. The liability will continue until the property is vacated."

I think that if Jane takes the bankruptcy Order and evidence of her vacation of the property to the Council, that ought to be it. The requirement for Jane to be liable would appear to be continued occupation of the property.

Ian

Ooops! Here it is

http://www.sutton.gov.uk/housing/Counci ... llings.htm

[CoverItAll]

We bought a building last year in which one flat consisted of a pile of rubble in one of the three rooms, it had never been refurbished. Our Local Council charged us Council Tax from day one, as the previous owners had enjoyed the six months exemption.

[zoe]

If the property needed structural work, you could have qualified for a class A? But if the previous owners had exhausted any exemptions the Council were right!

[J-DOUBLEYA]

I dont know If I am following this correctly but regardless of who is actually liable the bankrupt person is definitely not !

Insolvency Act 1986 (s382)

part X1

382-1
Bankruptcy debt in relation to a bankrupt means
a) Any debt or liability to which he is subject at the commencement of the bankruptcy

b) any debt or liability to which he may be come subject after the commencement of the bankruptcy (including after his discharge from the Bankruptcy) by reason of any obligation incurred before the commencement of the bankruptcy
[:I]

[jane.l]

Bit of an update on this council tax situation, I have been awarded a Class Q exemption on the old property and so are NOT liable for this council tax! PHEW!

I do not have to pay any more and I am to get a refund of the money I have already paid to them! [:D]

My persistence paid off! Hehehe

[wen]

Glad it worked out for you Jane!

We were 'lucky' in that our house was confirmed as repossessed a month before our 6month empty exception ran out!

[jane.l]

yes, our house should have been repossessed in the 6 months exempt period but NR took 13 months to repossess it, when we had not been paying them anything, you think they would have been a bit quicker off the ball than that! I thought it was unfair that the council were saying we had to pay!

[Viki.W]

Jane, I'm really glad that it has all been sorted out, I know how awful this has been for you. Viki X