We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Please Help Me!
boa_girl22
Posts: 53 Forumite
We are in a mess.
Basically we rent a flat, the rent is inclusive of utilities, gas, electric, water and council tax.
The flat we live in is in a converted terrace house, that has been converted into 4 self contained flats.
We are currently on jobseekers and receive housing benefit.
We discovered through the Local Housing Allowance we were being given less Housing Benefit than we were entitled to, we were being given the shared room rate when we are in fact entitled to the 1 bedroom rate.
We appealed the rate we were recieving, retroactive from when we moved in november 2009.
We receive currently about £55 a week, when we are entitled to up to £90 per week, so would definetly get our £75 rent covered.
With backdated payments it meant a difference of over £500, which is money that we desperately don't have.
It turned out that when council tax examined the property in october 2009 the current tenant refused them entry and told them that all 4 flats shared bathroom and kitchen facilities, making the property a House in Multiple Occupation, the reason we only receive the shared room rate.
We got a letter from our estate agency, stating that we have sole use of our bathroom and kitchen, and nothing is shared.
We thought that would be the end of it, we would get our amount revised and the backdated payments, but nothing like that can go well for us, and we should have know better.
Now the council is up in arms because as it turns out the landlord has not informed the council that the house has been converted into 4 flats, council tax are now coming to assess our flat, when they ascertain that it is self contained it will be given a council tax banding and we will get a backdated bill from when we moved in nearly a year ago.
Also with the 1 bedroom rate, we could get less than what we are getting now because we pay a rate inclusive of bills and housing benefit wont cover bills, so they could decide that £50 of our £75 rent is for bills, and only give us £25!
What the hell do we do? We're going to end up in a worse position than we are now just for telling the truth about where we live.
I don't want to be paying council tax because I pay a rent inclusive of it, regardless of wether I get council tax benefit or not, I am meant to be paying a rent that includes it, I have that in my tenancy agreement "rent is inclusive of gas, electric, water and council tax"
Also what if planning come look at the flats, now they know they are flats, and decide they are unfit living conditions because of health and safety issues? Like one that has always bothered us is that only 1 flat has access to the water, gas and electric mains, so if they're not in, no-one else has accesst to it, which according to the man who came to read the metre is illegal..
We could be evicted!
or what if the landlord decides to evict us because we've brought this to light and he gets a fine or something?
What do we do! we only just afford to live as it is, we can't get anything this price anywhere else, and we can't afford to pay more.
Basically we rent a flat, the rent is inclusive of utilities, gas, electric, water and council tax.
The flat we live in is in a converted terrace house, that has been converted into 4 self contained flats.
We are currently on jobseekers and receive housing benefit.
We discovered through the Local Housing Allowance we were being given less Housing Benefit than we were entitled to, we were being given the shared room rate when we are in fact entitled to the 1 bedroom rate.
We appealed the rate we were recieving, retroactive from when we moved in november 2009.
We receive currently about £55 a week, when we are entitled to up to £90 per week, so would definetly get our £75 rent covered.
With backdated payments it meant a difference of over £500, which is money that we desperately don't have.
It turned out that when council tax examined the property in october 2009 the current tenant refused them entry and told them that all 4 flats shared bathroom and kitchen facilities, making the property a House in Multiple Occupation, the reason we only receive the shared room rate.
We got a letter from our estate agency, stating that we have sole use of our bathroom and kitchen, and nothing is shared.
We thought that would be the end of it, we would get our amount revised and the backdated payments, but nothing like that can go well for us, and we should have know better.
Now the council is up in arms because as it turns out the landlord has not informed the council that the house has been converted into 4 flats, council tax are now coming to assess our flat, when they ascertain that it is self contained it will be given a council tax banding and we will get a backdated bill from when we moved in nearly a year ago.
Also with the 1 bedroom rate, we could get less than what we are getting now because we pay a rate inclusive of bills and housing benefit wont cover bills, so they could decide that £50 of our £75 rent is for bills, and only give us £25!
What the hell do we do? We're going to end up in a worse position than we are now just for telling the truth about where we live.
I don't want to be paying council tax because I pay a rent inclusive of it, regardless of wether I get council tax benefit or not, I am meant to be paying a rent that includes it, I have that in my tenancy agreement "rent is inclusive of gas, electric, water and council tax"
Also what if planning come look at the flats, now they know they are flats, and decide they are unfit living conditions because of health and safety issues? Like one that has always bothered us is that only 1 flat has access to the water, gas and electric mains, so if they're not in, no-one else has accesst to it, which according to the man who came to read the metre is illegal..
We could be evicted!
or what if the landlord decides to evict us because we've brought this to light and he gets a fine or something?
What do we do! we only just afford to live as it is, we can't get anything this price anywhere else, and we can't afford to pay more.
0
Comments
-
I don't want to be paying council tax because I pay a rent inclusive of it, regardless of wether I get council tax benefit or not, I am meant to be paying a rent that includes it, I have that in my tenancy agreement "rent is inclusive of gas, electric, water and council tax"
Regardless of the tenancy agreement its Council Tax legislation which governs liability for council tax - this cannot be overrruled by a tenancy agreement.
If the property should be 4 seperate assements then it almost certainly will not be an HMO (technically it could be but it would be very unusual) - the valuation office, part of HMRC, (unless your in scotland) will decide on whether its one property or four and will inform the council accordingly as to the valuation band and the date the properties are to be banded from.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
With you both being on job seekers surely you would be entitled to Council Tax Benefit which is a seperate benefit to Housing Benefit? Don't panic :-)0
-
As it stands at the moment, if its classed as an HMO then the occupiers cannot claim CTB as they have no council tax liability.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.7K Reduce Debt & Boost Income
- 454.4K Spending & Discounts
- 245.4K Work, Benefits & Business
- 601.1K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards