‘Second homes raid is taxation without representation – it can't be legal'
Second home owners stung by the double council tax raid could challenge the new law in court, lawyers have said.
Many Telegraph readers were 'blindsided' by increased council tax bills landing on their doorsteps after local authorities were given the power to add a 100pc premium on second home owners from April 1.
But legal experts and campaigners said 'serious question marks' loom over how councils interpreted Government-issued guidance – meaning some could be forced to reverse the charges.
The Telegraph is campaigning to abolish the second home council tax raid after readers told us:
The policy amounted to 'taxation without representation' as they have no right to vote in their local elections.
They were not consulted on the changes or given any notice beyond an advert in the local paper.
They are effectively being billed twice for services that they do not use.
Jenny Wigley KC, of Landmark Chambers, said: 'Depending on the circumstances, what the council did, the reasons it set out and what they took into account before implementing the premium could be scope for judicial review.
'While the cost might be prohibitive, if a few owners club together it might be a viable option to challenge it in the court.'
Prior to a law change in 2013, second home owners in England were given a 10pc discount on their council tax bills. The deduction was based on the premise they use council services less than somebody whose main home is in the region.
But in recent decades, concerns have grown that second home owners push up house prices and block first-time buyers from getting on the property ladder.
In 2023, the then-Conservative government brought in the Levelling Up and Regeneration Act which gave councils the power to add a 100pc premium to the tax bill of second home owners. Over two thirds have since taken advantage of the policy, which came into effect on April 1.
'A neighbour thought the bill was a scam'
Royston Davis, a retired lawyer, accused his local authority of 'breaching its duty of care' after he was slapped with a double council tax bill.
The 57-year-old lives in Aylesford, Kent, with his wife, Alison. They have a second home in Broadstairs, a seaside town they have known and loved since childhood. His council tax bill on the Broadstairs home has now doubled to £313 a month.
He only knew the change was coming after chancing upon a 'tiny' clipping in the local paper – but added many of his fellow second home owners did not know about it.
He said: 'One friend thought the council tax bill was a scam because he had no idea the change was coming.
'But there was no communication whatsoever with local communities, local businesses or second home owners. This must be unlawful.'
Other second home owners have pointed out the premium is especially unfair, as they have no representation in local politics.
'I have no right to vote, but they can spend my money'
One Telegraph reader said: 'The most annoying part of the legislation is that I have no right to vote in local elections to influence where the council spends my taxes. Essentially this amounts to a situation of taxation without representation.'
Under the Levelling Up and Regeneration Act, councils were told they 'must make its first determination to charge a second homes premium at least one year before', and ensure owners have 'sufficient notice' to make any changes.
Controversially, the legislation deemed 'at least one' local newspaper advertisement enough notice. This is despite the fact many second home owners do not live permanently in the areas where their properties are, and so are unlikely to read the local newspaper regularly.
A footnote in the guidance also said a council's failure to meet these criteria would not render the charge invalid.
Parminder Sidhu, property solicitor at Wedlake Bell, said: 'There is a responsibility on councils to take reasonable steps to notify second home owners at least a year in advance and conduct proper impact assessments as well as carry out consultations.
'Failing to fully comply with the Levelling Up and Regeneration Act could leave councils facing legal challenges, scrutiny from oversight bodies, and potentially pressure to review their processes.
'Councils can expect to face judicial reviews, reputational damage, and potential reversals of the tax increase if found to have acted unlawfully.'
John O'Connell, chief executive of the TaxPayers' Alliance, said: 'Serious question marks loom over how well councils communicated the recent changes to rates on second homes.
'Households in every corner of the country are now being hit with devastating hikes on their bills, and anecdotal evidence is suggesting that many were completely unaware of the measures.'
A Ministry for Housing, Communities and Local Government spokesman said: 'We are clear that local authorities must give residents appropriate notice before introducing this.'
Thanet Council and the Local Government Association were also contacted for comment.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
ITV News
37 minutes ago
- ITV News
Reeves to say spending review will reflect ‘priorities of working people'
Rachel Reeves will unveil her spending review on Wednesday, arguing that her priorities are 'the priorities of working people'. The Chancellor is expected to focus on 'Britain's renewal' as she sets out her spending plans for the coming years, with big increases for the NHS, defence and schools. Arguing that the Government is 'renewing Britain', she will acknowledge that 'too many people in too many parts of the country are yet to feel it'. She will say: 'This Government's task – my task – and the purpose of this spending review is to change that, to ensure that renewal is felt in people's everyday lives, their jobs, their communities.' Among the main announcements is expected to be a £30 billion increase in NHS funding, a rise of around 2.8% in real terms, along with an extra £4.5 billion for schools and a rise in defence spending to 2.5% of GDP. But Wednesday could present a tough prospect for other government as the Chancellor seeks to balance Labour's commitments on spending with her fiscal rules. The Institute for Fiscal Studies has already warned that any increase in NHS funding above 2.5% is likely to mean real-terms cuts for other departments, or further tax rises to come in the budget this autumn. This could mean a budgetary squeeze for areas such as local government, the justice system and the Home Office, despite reports that policing would receive an above-inflation settlement. The Chancellor has already insisted that her fiscal rules remain in place, along with Labour's manifesto commitment not to increase income tax, national insurance or VAT. She will say on Wednesday: 'I have made my choices. In place of chaos, I choose stability. In place of decline, I choose investment. In place of retreat, I choose national renewal. 'These are my choices. These are this Government's choices. These are the British people's choices.' Other announcements expected on Wednesday include £39 billion for social and affordable housing over the next decade as the Government aims to meet its target of building 1.5 million new homes by the next election. The Treasury said this would see annual investment in affordable housing rise to £4 billion by 2029/30, almost double the average of £2.3 billion between 2021 and 2026. The additional spending has been welcomed by homelessness charities, with Crisis calling it 'a determined political signal that housing really matters' and Shelter describing the move as 'a watershed moment in tackling the housing emergency'. The Chancellor has also already announced some £15.6 billion of spending on public transport in England's city regions, and £16.7 billion for nuclear power projects, the bulk of which will fund the new Sizewell C plant in Suffolk. There is also expected to be an extension of the £3 bus fare cap until March 2027 and an extra £445 million for upgrading Welsh railways. But one of the big losers from the spending review could be London, which is not expected to receive funding for any significant infrastructure projects or powers to introduce a tourist levy – both key requests from Mayor Sir Sadiq Khan.
Rhyl Journal
42 minutes ago
- Rhyl Journal
Government urged to disrupt ‘addictive grip' of smartphones on children's lives
Closures of playgrounds, busier roads, shortened school break times and the dominance of screentime have restricted children's opportunities to play, a report has suggested. Urgent action is needed to create more opportunities for children to play outdoors and away from digital devices and social media, according to a report by the Raising the Nation Play Commission inquiry. It warned: 'Too many of our children are spending their most precious years sedentary, doomscrolling on their phones and often alone, while their health and wellbeing deteriorates.' The commission was chaired by Paul Lindley, founder of organic baby food manufacturer Ella's Kitchen, in partnership with the Centre for Young Lives think tank, which was co-founded by the former children's commissioner for England Baroness Anne Longfield. It has called on the Government to establish a National Play Strategy for England, backed by an annual £125 million investment and led by a 'minister for play'. The strategy should include a commitment to a 'step-change' in the quantity and quality of children's use of digital devices through stronger regulation, public engagement and information, and addressing addictive 'push' factors that have driven children online, the report added. The inquiry has called on the Government to raise the digital age of consent to 16 and introduce a ban on smartphones in schools during the school day. It added that it should become easier for parents to organise 'safe play' in their streets, and there should be a national ban on 'No Ball Games' signs. A poll of 2,000 parents in England, commissioned by the inquiry, suggested that 55% of parents believe their youngest child plays outside less than they did when they were children. Around three in four (76%) parents agree that people are generally less accepting of children playing outside on the street than when they were a child, according to the poll. The Raising the Nation Play Commission brought together 19 expert commissioners to conduct a year-long inquiry into how play can be restored to every childhood in England. Lady Longfield, executive chairwoman of the Centre for Young Lives, said: 'Too many of our children are spending their most precious years sedentary, doomscrolling on their phones and often alone, while their health and wellbeing deteriorates. 'It is no coincidence that the least happy generation, the generation with the highest rates of obesity and rising ill health, is the generation that plays less and less. 'As we have heard from a swathe of experts and professionals working with children over the last year, play is being squeezed out of childhoods, with drastic implications for children, our economy and public services. 'With so much at stake children really have everything to play for: their health, wellbeing, happiness, learning, and development depends on our ability to reignite the role of play. 'This report provides a blueprint for how we can get children playing again and also tackle the scourge of addictive doomscrolling, so we can prevent future generations from becoming glued to screens.' Technology Secretary Pete Kyle has indicated he is considering an 'app cap' for children. On Sunday, the minister signalled he was looking at measures to restrict the amount of time children spend on their phones, including through a possible 10pm curfew. Mr Lindley, chairman of the Raising the Nation Play Commission, said: 'Creating truly playful communities is not just about better street design, traffic management, and reduced crime, but also about a reversal of the growing culture of intolerance towards children playing. 'This will also encourage more parents to have confidence they can let their children play out more freely, in the knowledge that their children will be both having a great time and are also safe. 'We need to give our children back the time, space, opportunity, freedom – and the right – to play again.' A Government spokesperson said: 'We recognise the vital importance of play and access to nature as part of children's development and wellbeing as we strive to create the healthiest and happiest generation of children ever. 'Through our Plan for Change, we are setting young people up to achieve and thrive – both inside and outside the classroom. 'We have given hundreds of thousands of children the tools to turn their grey school spaces green as part of our National Education Nature Park, we are opening up grassroots sports to all with £100 million investment in facilities and we are working with experts to develop a framework to improve access to activities outside of school. 'Schools already have the power to completely ban phones in the classroom and the overwhelming majority – 99.8% of primary schools and 90% of secondary schools – limit or restrict use. 'And from July, new rules under the Online Safety Act will require social media platforms to protect children in the UK from seeing harmful content online.'
Rhyl Journal
42 minutes ago
- Rhyl Journal
Reeves to say spending review will reflect ‘priorities of working people'
The Chancellor is expected to focus on 'Britain's renewal' as she sets out her spending plans for the coming years, with big increases for the NHS, defence and schools. Arguing that the Government is 'renewing Britain', she will acknowledge that 'too many people in too many parts of the country are yet to feel it'. She will say: 'This Government's task – my task – and the purpose of this spending review is to change that, to ensure that renewal is felt in people's everyday lives, their jobs, their communities.' Among the main announcements is expected to be a £30 billion increase in NHS funding, a rise of around 2.8% in real terms, along with an extra £4.5 billion for schools and a rise in defence spending to 2.5% of GDP. But Wednesday could present a tough prospect for other government as the Chancellor seeks to balance Labour's commitments on spending with her fiscal rules. The Institute for Fiscal Studies has already warned that any increase in NHS funding above 2.5% is likely to mean real-terms cuts for other departments, or further tax rises to come in the budget this autumn. This could mean a budgetary squeeze for areas such as local government, the justice system and the Home Office, despite reports that policing would receive an above-inflation settlement. The Chancellor has already insisted that her fiscal rules remain in place, along with Labour's manifesto commitment not to increase income tax, national insurance or VAT. She will say on Wednesday: 'I have made my choices. In place of chaos, I choose stability. In place of decline, I choose investment. In place of retreat, I choose national renewal. 'These are my choices. These are this Government's choices. These are the British people's choices.' Other announcements expected on Wednesday include £39 billion for social and affordable housing over the next decade as the Government aims to meet its target of building 1.5 million new homes by the next election. The Treasury said this would see annual investment in affordable housing rise to £4 billion by 2029/30, almost double the average of £2.3 billion between 2021 and 2026. The additional spending has been welcomed by homelessness charities, with Crisis calling it 'a determined political signal that housing really matters' and Shelter describing the move as 'a watershed moment in tackling the housing emergency'. The Chancellor has also already announced some £15.6 billion of spending on public transport in England's city regions, and £16.7 billion for nuclear power projects, the bulk of which will fund the new Sizewell C plant in Suffolk. There is also expected to be an extension of the £3 bus fare cap until March 2027 and an extra £445 million for upgrading Welsh railways. But one of the big losers from the spending review could be London, which is not expected to receive funding for any significant infrastructure projects or powers to introduce a tourist levy – both key requests from Mayor Sir Sadiq Khan.
