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Anybody have good knowledge of Council Tax legislation?
I have moved out of my residential property for major renovations & structural work, council sent a surveyor to the property who agreed he is happy for a CT exemption but council are insisting I provide an alternative address where I am currently living.
Do I legally have to provide them with this information to get the exemption as their surveyor has already visited site and recorded it is uninhabitable?
Is there just the council abusing their power yet again?
Any input would be greatly appreciated.
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Legally there's nothing to say you have to provide an address - council tax documents can be served to the last known address in any case. Most council tax inspectors will only make a report back to the council tax department and the council tax department has the ultimate say on whether any reduction is applicable (some council's do let the inspector make the decision but most don't). If your council is however happy for the inspector to make the full decision though I'd be challenging the council by way of a complaint on the basis that he has been to the property himself, verified eligibility for the Class A exemption and that an alternative address isn't a legal requirement.What the council could do is serve a formal notice under regulation 3 of the The Council Tax (Administration and Enforcement) Regulations 1992 - this allows them to request all information (and in a format of their choosing) which is required to correctly determine liability. It can, and likely would, require residence details (and thus an address) as part of this. Failure to provide the information is subject to a penalty.The other aspect is that the council are required to make the decision over eligibility for any reduction - they could turn around and decide they have insufficient proof that all eligibility criteria have been met if they don't have any evidence of residence elsewhere. In these cases it would taken an appeal to a Valuation Tribunal to force them to change their determination.
Specialist Council Tax advisor (A.Inst.Pa) based in Gateshead, but working nationally for landlords and council tax payers.http://www.lgfa92.co.ukPosting as @CouncilTaxGuy on TwitterWhy not look at our blog at http://www.lgfa92.co.uk/blogAny posts are my own opinion on legislation and may vary from your local authorities !
I knew somebody would know the legals.
Thank you very much for you input, much appreciated