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Victory in Council Tax Dispute: My Fight for Fairness

Maxine Fothergill, MD of Amax Estates and Past President of ARLA Propertymark, comments

After months of legal battles and a magistrates’ court summons, I am thrilled to share that I have successfully appealed an unfair council tax charge imposed by Medway Council on two auction-purchased properties that had been uninhabitable for over 20 years. This victory not only brings personal relief but also sets an important precedent for other property owners facing similar injustices.

The Background of My Case
The case involved two neighbouring ground-floor flats at 3 and 4 Avery Court, Rochester, which had suffered extensive water and sewage damage due to defective balcony walkways above. The properties were in a severe state of disrepair, with collapsed ceilings, rotted floor joists, missing window frames, and even vegetation growing inside.

Despite this, Medway Council initially demanded full council tax payments and later escalated the charge to 300%, claiming the properties had been unoccupied for several years - despite the fact that I had only acquired them in June 2023.

When I first took ownership, my immediate priority was assessing the damage and considering restoration options. However, it quickly became evident that the cost of making them habitable would be extraordinary, given the long-term structural issues caused by years of neglect. Despite this, the council insisted on charging excessive council tax, essentially penalising me for inheriting a problem beyond my control.

Understanding the Key Legal Test: Proving the Properties Were Derelict
The single most important factor in my success was proving that these properties met the derelict test—a crucial legal distinction in cases like this. 

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