Council Tax Annexe Discount Problem

silverchoice

I have just received a bill for a self-contained flat within my property which I have now occupied after my parents left on 15th March 2014.

I have just spoken to the Council Tax department trying to claim the Annexe Discount but was told that Calderdale do not offer this.

I was under the impression that the government has instructed all councils to offer this discount.

When you google 'annexe discount', lots of councils seem to be offering it, so why aren't all?

Citizens advice website says "Discounts for family annexes: From 1 April 2014, local authorities must offer a 50 per cent discount on an annexe within a main property if the annexe is used by the occupiers of the main property or by their immediate family members, including parents and teenagers."

Has anyone managed to get their council to change their mind about offering it. If so, how did you do it ?

Here are some websites that mention this:

https://www.gov.uk/government/news/new-council-tax-cut-for-families-staying-together

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/263411/131115-_Annex_A-_Draft_summary_of_responses_on_annexes_consultation-_pr.pdf

http://www.adviceguide.org.uk/england/tax_e/tax_council_tax_ew/council_tax.htm#Propertiesexemptfromcounciltax

silverchoice

And more evidence :

http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/uksi_20132977_en.pdf

societys_child

I have just received a bill for a self-contained flat within my property which I have now occupied after my parents left on 15th March 2014.

Are you living in the flat, if so who is living in the main property?

CIS

The discount is not discretionary, if you meet the criteria they have to award it.

http://www.legislation.gov.uk/uksi/2013/2977/contents/made

silverchoice

CIS wrote: »

The discount is not discretionary, if you meet the criteria they have to award it.

http://www.legislation.gov.uk/uksi/2013/2977/contents/made

So how dare my council try and get out of giving me the discount !!

silverchoice

societys_child wrote: »

Are you living in the flat, if so who is living in the main property?

No ones living in it but we have been decorating it before trying to rent out the flat.

CIS

No ones living in it but we have been decorating it before trying to rent out the flat.

This discount requires someone is resident or using the property as part of a residence.

3. (1) The following conditions are prescribed for the purposes of these Regulations.

(2) The dwelling—

(a)forms part of a single property which includes at least one other dwelling; and

(b)is being used by a resident of that other dwelling or, as the case may be, one of those other dwellings, as part of their sole or main residence; or

(c)is the sole or main residence of a relative of the person who is liable to pay council tax in respect of that other dwelling or, as the case may be, one of those other dwellings.

silverchoice

CIS wrote: »

This discount requires someone is resident or using the property as part of a residence.

I am using it as part of my main house.

What does 'using it' even mean ?

CIS

I would suspect they have rejected it due to

No ones living in it but we have been decorating it before trying to rent out the flat.

The only way to move forward if the council won't grant it would be to appeal to a valuation tribunal.

ChumpusRex

There is no hard and fast description of what "using" an annexe means.

In practice, if someone is sleeping there 3 nights a week or more, then that is clearly usage. Similarly, if there is regular use of kitchen facilities, or rooms are in use as a study, etc. then that should also count as usage.

An annexe that does not meet these criteria is unlikely to be able to claim the discount. Certainly, if as you have said the annexe is currently empty pending renovation, then that is a reasonably clear case of non-usage.

I suspect that the only way you'll get a clear answer is to appeal.

silverchoice

ChumpusRex wrote: »

There is no hard and fast description of what "using" an annexe means.

In practice, if someone is sleeping there 3 nights a week or more, then that is clearly usage. Similarly, if there is regular use of kitchen facilities, or rooms are in use as a study, etc. then that should also count as usage.

An annexe that does not meet these criteria is unlikely to be able to claim the discount. Certainly, if as you have said the annexe is currently empty pending renovation, then that is a reasonably clear case of non-usage.

I suspect that the only way you'll get a clear answer is to appeal.

My council have told me they don't offer Annexe discount under any circumstances !

I've been using a bedroom as a gym then using the shower in the bathroom !