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Council Tax - exemptions

 
The Council Tax exemption scheme may exempt unoccupied and occupied properties from Council Tax.
 
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The following classes of exemption apply:

Although some exemptions have time limits, if a property is occupied or the circumstances change before the end of that period, the exemption will no longer apply with effect from the date of that change.

Uninhabitable/undergoing repair
A property is exempt whilst undergoing serious structural repair and alteration as well as uninhabitable properties. The exemption applies for the period that the repairs are being undertaken but it is restricted to a period of one year and after one year, regardless of whether the property has been renovated or not, it will become subject to a 100% charge.

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Unoccupied charity property
A property owned by a charity is exempt from Council Tax for a period of six months from the date the property became unoccupied. The property does not have to be unfurnished to qualify for this exemption. After the six month exemption period has finished the property will become subject to a 100% charge.

Evidence: letter of confirmation from the Charity confirming that they own the property and that it is unoccupied.

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Empty for up to six months (empty)
A property is exempt from Council Tax from the date the furniture is removed for a period of six months. To qualify for this exemption, all the furniture must have been removed except any fixed furniture, such as a cooker, fitted wardrobes, etc and carpets and curtains.

The exemption applies to the property and if the ownership of the property changes during the six month period, the six month period does not start again. For example, if a property becomes unfurnished on 1 April and a six month exemption is granted until 1 October. The property is sold on 1 September but the new owners do not move in or furnish the property, they are only entitled to an exemption up to 1 October and then a 100% charge will be applicable. They are not entitled to a further six months' exemption.

Evidence: verbal with written confirmation from the owner.
 
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Unoccupied due to person being in prison/detention
A property which is unoccupied due to the only occupant being detained in prison or detained at a remand centre is exempt from Council Tax. The property does not have to be unfurnished to qualify for this exemption.

Evidence: Ryedale District Council will send the relevant form to the establishment concerned for completion. Once the completed form has been returned, the exemption can be granted.
 
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Unoccupied due to person living in care home/hospital
A property which has been left unoccupied because the owner or tenant is now living in a residential/nursing/care home. The property does not have to be unfurnished to qualify for this exemption. The exemption cannot be granted until after the person has been in the home for six weeks or as soon as the decision to live in a home has been made permanent.
What happens if the person returns home to live?
If the exemption has been granted and the person returns home to live, if they have been in the home longer than six weeks the exemption can be allowed for that period. If it is less than six weeks the exemption should be cancelled altogether.

Evidence :Ryedale District Council will contact the nursing home to confirm if the charge payer is a permanent resident.
 
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Council tax payer deceased
An unoccupied property owned by someone who has died is exempt from Council Tax until six months after probate or letters of administration have been granted. A 100% charge is payable by the estate after the exemption period has ended.
This exemption is only applicable whilst the person who would be liable has died, i.e. once the house has been sold or the title transferred over to someone else.

Evidence: verbal with written confirmation from the next of kin, solicitor.
 
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Occupation prohibited by law (empty)
Any property whose occupation is prohibited by law is exempt from Council Tax. The exemption does not apply if the property remains furnished or is occupied illegally.

Evidence: a copy of the relevant action that has been taken through the Court or a copy of the closing order that can be obtained from the Environmental Health department.
 
 
Dwelling held for minister of religion
A property that is held vacant for the future occupation of a minister of religion is exempt from Council Tax. The minister can be of any religious denomination and the property does not have to have previously been occupied by a minister. The property does not have to be owned by the church.

Evidence: written confirmation from the Church/Religious Body that the property is vacant and waiting for a minister to be appointed.
 

Person living elsewhere to receive personal care
A property which is unoccupied because the person who would normally live there is receiving personal care elsewhere is exempt from Council Tax. The person must be receiving care due to old age, disablement, illness, past or present mental disorder. This exemption is to cover those people who instead of going into a home to be cared for, live with relatives or friends.
 
Evidence: completed Unoccupied Dwellings form, available online.  The person must have been the last person to live in the property and must have been a relevant absentee ever since, i.e. they have received care for the whole of the period since they left the property.
 
 
Person living elsewhere to provide personal care
A property where the person who normally resides there has to leave their home unoccupied to care for someone else. The carer does not have to live in the same property as the person being cared for but, for his or her own property to be exempt it must be proven that they are better able to provide the care by living elsewhere and not in the exempt property.

Evidence: completed Unoccupied Dwellings form, available online.
 
 
Dwelling left unoccupied by a student
A property that is left unoccupied because the normal occupant has had to move away to be a student. The student has to have been the last person to reside in the property, and the property has to have been unoccupied for the whole of the period since they last occupied. The person must have been a full time student from the date they vacated or start the course within six weeks of vacating and have remained a student ever since. Once the person finishes their course, if the property is still unoccupied but furnished a 90% charge will be payable.

Evidence: a copy of the student certificate from the college/university confirming that the person is a full time student and the dates the course starts and finishes. Confirmation in writing the property is unoccupied and has been since the student vacated.
 

Mortgage in possession
A property that has been repossessed by the Mortgagee is exempt from Council Tax if it is unoccupied. If the property is repossessed but someone is still living in the property the property is not exempt. Although the property has been repossessed, this does not mean there has been a change in ownership - the mortgagor is still legally the owner.

Evidence: letter of confirmation from the Bank/Building Society/Mortgagee confirming that the property has been repossessed and detailing the date the repossession took place.
 

Students' halls of residence
Halls of Residence for students are exempt from Council Tax. The accommodation must be occupied predominantly by students, but this does not prevent part being occupied by staff or other persons.

Evidence: a letter from the educational establishment confirming that students occupy the hall predominantly and that the college is a prescribed educational establishment.
 
 
Dwellings occupied only by students, school or college leavers
A property is exempt from Council Tax if it is occupied only by students, school or college leavers and by certain spouses/dependants (where a foreign student is living with a foreign partner who cannot take employment because their entry visa to the UK prevents it). The students must be full time and currently undertaking a course at a prescribed educational establishment.

Evidence: copy of student certificates for all residents in property. If a foreign spouse is resident a copy of their visa detailing work restriction.

Visiting forces accommodation
A dwelling is exempt from Council Tax if any one of the persons who is liable to pay Council Tax has a relevant association with a Visiting Force. A relevant association can mean either being an actual member of that force or part of the civilian component of that force. If other people live in the property that are not associated with the force, the property is still exempt.

Evidence: a copy of the posting orders will need to be produced.
 

Property left empty by a bankrupt person
An unoccupied property where the person who would be liable for Council Tax has been made bankrupt is exempt. The property does not have to be unfurnished to qualify for this exemption.
 
 
Occupied by persons under 18
A property that is occupied only by under 18 year olds is exempt from Council Tax. If two under 18 year olds live in a property, and one becomes 18, a 25% discount will be applicable because there is only one person over 18 residing in the property.

Evidence: confirmation in writing/telephone of the names of the occupiers and their dates of birth. A check with the electoral register should be made, if possible.
 

Unoccupied annex to an occupied dwelling
A property which is a self contained annex (banded separately) from the main house is exempt from Council Tax whilst unoccupied and cannot be let separately without a breach of Planning regulations. If the main house becomes unoccupied, the exemption can continue on the main house.

Evidence: by telephone with written confirmation that the annex is unoccupied.
 

Dwellings occupied only by severely mentally impaired person(s)
A property is exempt from Council Tax if only severely mentally impaired persons occupy it. To qualify for the exemption, the person must have a certificate signed by a Medical Practitioner and be in receipt of a qualifying benefit.

Evidence: completed Main Discount and Severe Mental Impairment forms, available online, and proof of entitlement to one of the qualifying benefits (i.e. letter of entitlement or copy of allowance book).
 
 
Main residence of a person with diplomatic privileged or immunity
A property occupied by a person with diplomatic privilege or immunity is exempt from Council Tax as long as the person is not a British citizen. This exemption applies from 1 April 1997 onwards.

Evidence: documentary proof of diplomatic status/immunity.
 

Occupied annex to an occupied dwelling
Where an annex is occupied by a relative of the occupant of the main house, the annex is exempt from Council Tax provided that the occupant of the annex is:
  • Over 65 years of age
  • Severely Mentally Impaired
  • Substantially and permanently disabled
 
Evidence: completed Annex Occupied by Elderly or Disabled Relative form, available online.
 
           
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