Complicated Case - Student Council Tax

lincroft1710

VOA = Valuation Office Agency, the executive agency of HMRC which bands dwellings for CT in Eng and Wales.

Inform either the local council (who will inform VOA) or inform VOA directly. But only if you become tenants.

anselld - LL won't have been getting away with it, as it is the tenant's responsibility to pay CT not LL.

sooz

Valuation office. http://www.voa.gov.uk/. Look up the address for council tax & see what's listed.

benham3160

It's listed as one band F property.

I don't think there has been any foul play thus far, but I'd like to keep everything above board. I don't mind arranging a banding on the annexe (does this cost?) if it's simple enough for the tenant to do, but if it costs a fortune or it's overly complicated, or the landlord needs to become involved and doesn't want it to happen, then I can't go through with it. Which is a shame as I really like the property.

Regards,
Andy

sooz

If you try to get the annex banded the landlord will have to get involved. And may find himself with an enormous backdated bill. Unless he can prove it was not let or not inhabited, only let to students, etc.
You will open a can of worms.

If you really like the property, insist that it's written in words of one syllable in the contract that the landlord is entirely responsible for the council tax issue, & has nothing whatsoever to do with you, excpet that it is included in your rent.

lincroft1710

It costs nothing to get a separate band for the annexe. Many people are unaware that an annexe should have its own CT band.

You should find out what the current situation is with CT, if the house is let to the 5 students as a single tenancy, then when your partner moves in she will be liable for 75% of a Band F. Don't just accept the agent's "word" that CT is included in rent as it's an HMO, get something definite in writing.

Finally you say that you access the annexe, via the house into the garden, is this via a communal hallway in the house or a room, or can you walk round the house to the street.

anselld

lincroft1710 wrote: »

anselld - LL won't have been getting away with it, as it is the tenant's responsibility to pay CT not LL.

Not in a HMO.

lincroft1710

anselld wrote: »

Not in a HMO.

But the annexe won't be a HMO.

anselld

lincroft1710 wrote: »

But the annexe won't be a HMO.

That depends on the answer to the other questions you have asked.

lincroft1710

sooz wrote: »

If you try to get the annex banded the landlord will have to get involved. And may find himself with an enormous backdated bill. Unless he can prove it was not let or not inhabited, only let to students, etc.
You will open a can of worms.

If you really like the property, insist that it's written in words of one syllable in the contract that the landlord is entirely responsible for the council tax issue, & has nothing whatsoever to do with you, excpet that it is included in your rent.

The effective date of an annexe coming into being is not usually backdated. Whereas most people know their house should have a CT band, they probably don't realise any self contained annexe should also have a band and are thus not penalised for being ignorant of CT law.

If this is a self contained annexe then it should have its own CT band as then LL will not be responsible for CT, tenant will be. If LL has to pay CT as its an HMO then he'll increase OP's rent by the amount of 75% of Band F. If annexe has own CT band, then OP (or partner) will only pay 75% of Band A.

benham3160

lincroft1710 wrote: »

It costs nothing to get a separate band for the annexe. Many people are unaware that an annexe should have its own CT band.

You should find out what the current situation is with CT, if the house is let to the 5 students as a single tenancy, then when your partner moves in she will be liable for 75% of a Band F. Don't just accept the agent's "word" that CT is included in rent as it's an HMO, get something definite in writing.

Finally you say that you access the annexe, via the house into the garden, is this via a communal hallway in the house or a room, or can you walk round the house to the street.

It's a path that goes around to the front of the house (street) so we could walk straight off the street though our own "front door" (albeit in the back garden.) We would have access without having to enter any part of the "main" house.

The LA has said the CT is not included, and is "looking in to it with the landlord..." I think the next question from the LA will be for me to take out the agreement alone and "move my partner in on the quiet," which I simply won't do.... Rather rent a different property than face a summons or some horrific bill in three years time when it all comes out, or worse. Not only that but as my partner is working, she needs a "proper" address, it's not as if she'll be going to her parents house for weeks at a easter/Christmas etc.

According to the register the owner is actually a "man of the cloth" so I hope he hasn't been doing anything naughty! :A

There is a potential for the LL to make money from something that I'm almost certain would stand void for another academic year, so I guess it would be in their interest to get the annexe banded. Should they let it to students in the future then no issue, as their exempt anyway.

We're having a viewing tomorrow, I shall say we're only interested if they're willing to get the property banded, and I'll leave that ball in the LA/LLs court.

Regards,
Andy