Renters' Rights Act 2025, Phase 1 commencement
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England · Empty Homes Premium · Council Tax · CTFS 2013 · 100%/200%/300% Surcharge

Empty Homes Premium UK 2026 — Council Tax Surcharges, Exemptions, and Landlord Strategy

Empty homes premium landlord guide 2026: council tax surcharge rates from 1 April 2024 (100% after 1 year, 200% after 5 years, 300% after 10 years), nationally prescribed exempt categories, local authority discretion to waive, holiday let business rates escape (140-day availability / 70-day let threshold), and practical strategy for minimising the cost of void periods.

10 min readUpdated 6 June 2026Last reviewed: 17 May 2026empty homes premiumcouncil taxempty propertyvoid period

The empty homes premium rates from 1 April 2024

  • 1 year empty — 100% premium: from 1 April 2024, any dwelling empty for more than 1 year attracts a 100% premium doubling the council tax bill; calculated from the date the property became empty
  • 5 years empty — 200% premium: the council tax bill is trebled (standard rate plus 200% premium)
  • 10 years empty — 300% premium: the council tax bill is quadrupled; introduced to address properties held empty for development land banking or prolonged inheritance disputes
  • Who pays: where a property is empty, liability falls on the owner (typically the landlord); the premium cannot be passed on to a future tenant in advance
  • Definition of empty: unoccupied (no residents) and substantially unfurnished — a few items of furniture left by a former tenant does not make a property furnished
Premium can exceed rental income in low-yield areas

At the 200–300% rate the council tax premium alone can exceed the net rental return for properties in low-yield areas. Factor the full empty homes premium cost into the economic analysis before holding a long-term void.

Nationally prescribed exempt categories

  • Major structural repair (up to 12 months): property uninhabitable by reason of major structural repair works — requires evidence; cosmetic refurbishment does not qualify
  • Probate / personal representative: property owned by an executor or administrator is exempt during estate administration until the property is transferred or sold
  • Actively marketed for sale or let (up to 12 months): must be listed at a realistic asking price with a reputable agent; a sham listing at an artificially high price may not qualify; the 12-month cap prevents indefinite deferral
  • Habitation prohibited by law: property subject to a prohibition order (Housing Act 2004) or prohibition notice (Building Act 1984)
  • Annexe for a dependent relative: an annexe to a main residence used or available for a dependent relative is exempt
  • Local authority discretion: councils may designate additional exempt classes — check the specific council’s designation orders

Holiday let business rates — escaping council tax entirely

  • The threshold test: a self-catering property is assessed for business rates (not council tax) if available for holiday let for at least 140 days/year and actually let for at least 70 days/year — the VOA removes it from the council tax list
  • Small Business Rate Relief: most holiday let properties with rateable values below £12,000 attract 100% SBRR, resulting in zero business rates and exemption from the empty homes premium
  • Short-term let strategy for void periods: a landlord can register a vacant property on a holiday let platform for the minimum qualifying period then return it to residential letting; requires genuine availability — sham registrations are challenged by HMRC and the VOA
  • FHL regime abolished from April 2025: the HMRC Furnished Holiday Letting income tax regime ended 6 April 2025; the business rates escape via VOA assessment remains a separate matter and is unaffected

Landlord strategy — minimising the empty homes premium

  • Re-let quickly: minimise void periods — an occupied property is not subject to the premium; price to let quickly and use multiple letting platforms
  • Use the 12-month marketing exemption: register with a reputable letting agent immediately and retain written evidence of all marketing activity — listings screenshots, agent correspondence, and viewings
  • Structural repair exemption: ensure works are structural (not cosmetic), keep comprehensive records — planning applications, building control documentation, contractor invoices
  • Challenge the billing date: the premium runs from when the dwelling became empty; if the council is using the wrong date challenge in writing with evidence of the correct date
  • Consider disposal: at 200–300% of council tax, the premium cost may exceed the returns from letting in low-yield areas — factor it into the retention decision

Frequently asked questions

How much is the empty homes premium in 2026?+

From 1 April 2024, the empty homes premium rates in England are: 100% after 1 year (doubling the bill), 200% after 5 years (trebling the bill), and 300% after 10 years (quadrupling the bill). A property with a standard bill of £2,000/year costs £4,000/year after 1 year empty, £6,000/year after 5 years, and £8,000/year after 10 years.

Are there exemptions from the empty homes premium?+

Yes — nationally prescribed exempt categories include: property undergoing major structural repair (up to 12 months); property owned by a personal representative during estate administration; property actively marketed for sale or let (up to 12 months); property legally prohibited from occupation; and annexes available for a dependent relative.

Can a landlord avoid the empty homes premium by registering as a holiday let?+

Potentially yes — if a property is genuinely available for holiday let for at least 140 days per year and actually let for at least 70 days, the VOA will assess it for business rates rather than council tax. Properties with rateable values below £12,000 typically attract 100% Small Business Rate Relief, resulting in zero business rates.

Who pays the empty homes premium on a vacant rental property?+

Where a property is empty (unoccupied), council tax liability falls on the owner — typically the landlord. The premium cannot be charged in advance to future tenants or recovered from a former tenant’s deposit.

Templates recommended in this guide

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Reply to any LetSafe email or write to Richard@letsafeuk.co.uk. We rewrite guides when we get something wrong, the sooner we hear, the sooner we fix it.

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