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Council tax assessment, seperate dwelling or not? help needed

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  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 22 January 2011 at 6:33PM
    This is the exact clause i used "It's situated within the grounds of another dwelling and it is difficult to let by itself"(i may be inclined to use that in this instance, but there may be a better one, and also i think it can be regional)

    The more i have to do with the council the more i am comming to the conclusion they are not here to help the public.
  • I remember some years back a retirement home near where I live had to take out all the residents' cooking facilities, as the council decided that if they had cooking facilities and bathrooms that each resident was seperately liable to council tax. (It was OK to leave the bathrooms though, from memory).
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I think sometimes if they can get away with it they do. Its upto you to prove them wrong.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 January 2011 at 7:06PM
    This is the exact clause i used "It's situated within the grounds of another dwelling and it is difficult to let by itself"(i may be inclined to use that in this instance, but there may be a better one, and also i think it can be regional)
    Unless your in Scotland then this is a Valuation Office issue and not a council issue, the council have no say over whether a property is to be banded as a dwelling or not. It sounds like the VOA for one reason or another have decided the residential part should not be banded. The rules are not regional and are the same across England and Wales (and pretty much the same in Scotland).

    I remember some years back a retirement home near where I live had to take out all the residents' cooking facilities, as the council decided that if they had cooking facilities and bathrooms that each resident was seperately liable to council tax. (It was OK to leave the bathrooms though, from memory).
    Again, unless in scotland, then this is not a council decision. The council have to go with the Valuation Office decision.


    There seems to be a general idea that the council have a say in the banding of a property and whether it should be in a council tax list but this is incorrect. There are times that the Valuation Office decision does go against what the council thinks regarding properties but they cant do anything other than go with the Valuation Office decision and bill according to this.
    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.
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Surely if the door is unlocked and open and there are other shared utilities, Then it should not be banded as a seperate dwelling?

    Since it is not a seperate property.
    (btw i am in scotland)
  • lincroft1710
    lincroft1710 Posts: 18,900 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    This is the document which sets out rules for separately assessed self contained units in Eng and Wales.

    http://www.voa.gov.uk/publications/public_fact_sheets/self-contained-units-factsheet.pdf

    As you will see shared utilities do not stop a separate assessment.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If they cannot get the two properties included in one council tax it would be worth trying to get the main property downgraded as it is worth less once the annexe is taken off.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • lincroft1710
    lincroft1710 Posts: 18,900 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The annexe is a converted garage, which is probably still reflected in the main house CT band as a garage.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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