Ealing council can't make its mind whether a landlord should be charged council tax for one of his properties or not. This has left the landlord in a somewhat bewildered state and is questioning the authority's abilities.

The landlord, Tony White owns a Grade 11 listed building in Castle Hill and because one of its flats  became riddled with dry rot following a burst water main, he is undertaking an extensive programme of renovation. He lives next door to the property in question and is being given contradictory advice by the council regarding council tax. He does not know whether he should pay or not pay council tax for the property, over the three month period that he is carrying out the repairs.

Whilst the work is underway the tenant has vacated the flat as there is no electricity, walls are being pulled down and the kitchen and bathroom cannot be used as the water is turned off. Meanwhile, the tenant's furniture is kept in one room.

Mr White's damaged flat was paid a visit by an environmental health officer from the council on September 23rd and said it was in an uninhabitable state.

However along came a representative from the council tax team and told the landlord that as the tenant's furniture remained in the flat, then Mr White would have to pay the council tax due.
 

Understandably Mr White, who has owned the property for more than 40 years is more than perplexed and annoyed by the council's conflicting information: “The system is basically contradictory. Clearly the flat isn’t inhabitable as there’s no water or electricity, and the place is a building site.

“If the situation was reversed and my tenant had contacted them [the council] to complain, environmental health would have been down on me like a ton of bricks.”

Mr White sent a letter to a council tax manager and has been waiting for a reply since September 6th. Needless to say Mr White is hardly impressed and said: “It’s not very efficient at all,”.

Council spokesman Chris Branagan said: “A council officer visited the property on August 19 and found that one bedroom had damp and dry rot and that furniture was being stored in one room.

“Removal of internal partition walls is not relevant to liability to pay council tax on a property but, at the time of the visit, no walls were being knocked down.

“The property is not exempt from council tax while it remains furnished even if only one room has furniture. [And] council tax legislation does not allow a reduction or discount because there is no water supply to a property.

“If Mr White were to empty the property of furniture then it would be exempt from council tax for a maximum period of one month.

“While the property remains furnished, the owner is entitled to claim the five per cent vacant but furnished discount.

“If a property is empty and unfurnished and undergoing major works, the owner can claim a 50 per cent discount for a maximum period of 12 months whilst the work is ongoing.

“We advised Mr White of these options at the time of the visit and are happy to discuss them further.”