£5000 bill for 5 – 6 years of outstanding council tax bill!, Landlords fault !!!

justwondering25

lincroft1710 wrote: »

There is no such thing as an "official annex". Council Tax legislation uses the term for a dwelling which is a self contained unit of living accommodation attached, part of, or in the grounds of another dwelling which cannot be sold separately from that dwelling.

A block of flats is an example of a single building which contains several dwellings, but as there is no "main dwelling", all the flats are treated as separate dwellings and in most cases capable of being sold separately.

So if the property cannot be sold sepeatrly due to planning permission , then no back dating of the council tax .

So for example the valuer comes round this week , files his report with the council , would my first bill fingers crossed begin from the date the council register the property on their systems or from the date the matter was first brought to their attention , some time mid 2016 ?

CIS

“(2b) The Landlord will deal with the council tax (and water charges) payable in respect of the property for the duration of the Tenancy , or any other local Government or national tax levied upon occupation or Tenancy.”

That would be for the courts to fully determine but to me it reads as if the landlord has told you that, as part of the contract, he will deal with the charge. There's nothing to say you will refund him for any charges.

The clarification from the agents of “The property has electric heating, no gas but yes, council tax & water are Included in the rent. You only need to pay for electricity and telephone.” should be sufficient as a term under the contract to find in your favour in my opinion.

Craig

lincroft1710

There is a further fly in the ointment.

If your LL never got planning permission for the annex conversion, then it will be treated as a separate dwelling as there will be no restriction on it being sold separately.

CIS

This is a quick Valuation Office guide to the date to be used - http://manuals.voa.gov.uk/corporate/publications/Manuals/CouncilTaxManual/council_tax_man_s2/z-ct-man-sect2-app2.3.html

Craig

lincroft1710

If it is an annex, the effective date (date from which CT can be charged) will be the date on which the VOA send you written notice of the CT band.

CIS

lincroft1710 wrote: »

There is a further fly in the ointment.

If your LL never got planning permission for the annex conversion, then it will be treated as a separate dwelling as there will be no restriction on it being sold separately.

You beat me to it - I was just going to ask as to whether there is any planning restriction on it to prevent the sale but, as you say, no planning permission would mean no restriction in place.

Craig

justwondering25

CIS wrote: »

You beat me to it - I was just going to ask as to whether there is any planning restriction on it to prevent the sale but, as you say, no planning permission would mean no restriction in place.

Craig

So basically if the property had planning permission for the building and with restrictions to be only sold as part of the main property then indeed it is a Annex (more likely to be) .

But no planning permission , simply converted into a livable area and let out , then the council can back date for the full tenancy .

I am still on good speaking terms with my landlord , they are nice people , wonderful neighbors , everyone feels they have done nothing wrong etc. but equally no one wants to bare the brunt of the costs...

At least I have a good point to discuss with my landlord and hopefully planning permission had been applied for in the past , but it could get murkier , as I believe the property was already been used as a "Annex" for letting purposes before they brought the property back sometime around 2007 .... I presume planning permission will of been recorded on the councils records somewhere though if planning permission had indeed been applied for.

CIS

But no planning permission , simply converted into a livable area and let out , then the council can back date for the full tenancy .

Pretty much. The Valuation Office Agency will make the decision and advise the council of the date to be used.

How long has it been in existence ?

Craig

lincroft1710

justwondering25 wrote: »

At least I have a good point to discuss with my landlord and hopefully planning permission had been applied for in the past , but it could get a murkier , as I believe the property was already been used as a "Annex" for letting purposes before they brought the property back sometime around 2007 ....

Usually a pp application for conversion to or building a dwelling would be notified to the council's finance dept who would subsequently inform the VOA. Notifications aren't 100% and during the Community Charge period (Apr 1990 to Mar 1993) the VOA only received notifications about commercial properties, but I am thinking that planning permission may not exist.

lincroft1710

If the earliest date that can be established is the date that the LL bought the property, that is the date the VOA will use