Old Victorian house converted into flats??

wakojako85

Hi all,

Just a little bit of help if you can please.

I am currently looking for a flat to rent for myself and my partner and we have found a nice please to rent but something dont seem right about it!

It's a old Victorian house that has Been split into 3 flats but the landlord says all the bills are inclusive with the rent! He has said our flat has got the boiler and gas meter and he would like to take the readings monthly and that I don't have a problem with! My problem tho is that if there is only one gas meter and 1 boiler there only must be 1 bill for the whole house/3 flats! I don't want after a year or so getting a letter off the gas/electric/water/council tax and tv licence people saying it was all incorrect and we are liable for the difference as he has not declared the building as 3 dwellings not 1???

I'm not saying he has not declared it as 3 separate flats but that's just re way it seems from the outside.

Many thanks for taking your time to read this XX


Concerned wakojako

RAS

Ring the Council and aks the Planning Office if the house is converted into flats legally?

Payment of CT etc is usually only only done for Houses in Multiple Occupancy and if it is split into flats, that does not make sense. Also, if it is an HMO, he has to be regsitered with the local council.

Avoid as the chances are the fire regs are not met and there is no gas safety certificate and and ...

Better find somewhere else than fried.

tbs624

Check out the C Tax Office and the Planning Office as a start.

If all is above board planning permission will have been sought and the flats will have a separate rating for CT.

It's not just about heating bills - there are very specific regs on fire safety, soundproofing and so on when a house is converted into flats.

G_M

Provided you don't take out a contract with the gas, electric, water etc companies (ie put them in your name) then you cannot be billed for them.

Council tax is different as it IS the occupiers responsibility (except HMOs) so check if the LL is paying it.

A deal with inclusive bills is attractive of course as it's easy for you to budget (just rent to pay which is a known amount) and you can use as much gas/leccy etc as you want without worrying!

It does sound like the conversion was not done properly, with 3 separate registered properties, but provided you have a gas safety cert, protected deposit etc you may decide the advantages of nice flat/inclusive bills outweigh this.

wakojako85

It does look like it's not above board to br honest, we have the contract and if states all council tax gas electric water an tv licence are all included would this still make us liable for all previous months ct if it was to come to light he was a bit shifty??? I'd of thought if it was in a signed contract that we would not be liable....????

Thanks for your prompt replys

G_M

Re council tax, IF LL didn't pay it, AND the council sent you a bill as the occupier, it is just possible they could chase you for payment. You could then sue the LL in a Small Claims Court using the contract as a basis for claim against him.

RAS

Unless he actually gives you the TV licence, you have no proof it has been paid and could be liable for £1000 fine. Not worth the risk if he does not pay.

tbs624

He may well have done his "under the radar" conversion beautifully but more likely it won't comply on those all important sound and fireproofing/emergency exits and so on.

You may be signing up for an extremely noisy existence, when all 3 flats are occupied, with the added "thrill" of living in a potential firetrap.

It may even be the case that the flats should be registered under the s257 HMO rules. (House in Multiple Occupation)

All that said, it's clearly entirely your decision.

CIS

we have the contract and if states all council tax gas electric water an tv licence are all included would this still make us liable for all previous months ct if it was to come to light he was a bit shifty???

Any agreement with your landlord cannot overrule the legislation which determines Council Tax liability. If you are liable then (once the properties are banded) the council will chase you for payment as you are the one legally liable for the Council Tax.

If they are self contained flats then they should be banded seperately by the Valuation Office - once they find the property has been split they will likely want to inspect it and then advise the council accordingly that that individual Council Tax demands can be issued.

wakojako85

With regards to the firetrap that someone mentioned that was also a thought about the house there seems to be no escape for people upstairs as there are no outside fire stairs!! The flat we have looked at is the down stairs one!


My friend has also told me that if he has the wrong type of mortgage we can be booted out pretty quickly if it does got foun out by the mortgage lender if it's not a buy to let!! I think I'm going to steer clear of this one! As attractive as it may look it seems quite a risk in te long run!

Thanks for your help people!!

G_M

Hey! It's all very well warning the OP of pitfalls, and I don't deny there are soem, but the comments are all very negative.

Sure - ask to see the TV licence. If there is one, no problem!
If the gas/leccy is not in the tenant's name, no problem!
If the council tax is not paid (and this can be checked) there's a contract and a clear legal liability which could go to SCC where LL would lose.
Yes, noise might be an issue - it is in many flats that conform to Building Regs. Just search the forum!
If the flats are separate/self-contained, they are not HMOs - no problem.
If the lender has not given permission, true not good. But that can apply to many rentals irrespective of the conversion!
Fire safety? Granted, an issue. But we don't know which flat the OP is looking at. Top floor? Hmmm. Dodgy, but check out the fire escape provision. Ground floor? No problem!

Just thought I'd balance out the replies and play devils advocate.....