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

justwondering25

CIS wrote: »

The key issue is whether or not it meets the VOA definition of an annexe. Planning definitions and VOA definitions of dwellings can and do vary- slightly off topic but as an example, the VOA can regard a single bedroom as an independent dwelling in some cases whereas it's very unlikely that planning would.

Craig

As you know they have now valued the property , currently it is not been used as a Annex for a family member for some years but it clearly previously was /is a ancillary to the main house , as it does not have its own bills etc , so would it be impossible for them to consider it as a Annex , or equally does that mean they cannot say that it wasn't an annex previously? so then it cannot be back dated , sorry for trying to split hairs , but I imagine that is what would be required with a debate with the VOA.

steampowered

As the contract states that the landlord is responsible for dealing with council tax, I feel that the landlord should pay the entire bill (if you are unable to convince the council to drop it).

The same terms of the original 6 month tenancy would be deemed to continue to apply even though that tenancy was never formally extended.

justwondering25

steampowered wrote: »

As the contract states that the landlord is responsible for dealing with council tax, I feel that the landlord should pay the entire bill (if you are unable to convince the council to drop it).

The same terms of the original 6 month tenancy would be deemed to continue to apply even though that tenancy was never formally extended.

Thank you for your help and advice and this is true , I feel kind of stuck between a rock and hard place , I would ideally like nobody to have to pay , my landlord is a great person , this has all occurred due to innocence and a lack of understanding that ultimately should not of fallen on my toes , I currently have a selection of bills for the past 5 years or so for council tax that adds up to over £5000 , this afternoon , I need to call them and deal further with the matter , the bills are in my name , after finding myself in this situation , I cannot help but feel that at some level , e.g the letting agent should of ensured all bills where been taken care of .

As a tenant I am left feeling very short changed at present considering the council tax was intended to be included with my monthly payment for the rent...............I have spent hours upon hours trying to figure it out , thankfully due to this Forum , I feel a glimmer of hope that the situation could come to a suitable situation , where the council do not end up back dating the council tax.

Sadly the law of the land is a trap I have fallen foul of , by simply applying to let a property , pay letting agent fees , references etc , I did all my part , paid my rent , yet five and half years later I find my self with pretty much five and half thousand pound bill , due by the 13.02.17 !!!

I know it should all be my landlords issue , but when you consider them as a friend and wonderful neighbor , then things get a little bit difficult !

A 50/50 split of the bill is on the table at present , which I have indicated I would not be happy with....if the bill was a couple of hundred pounds....then hey ! no problem.....but when my half is over two and half thousand pound.....then it has to be considered as a whole different matter......I'm feeling pretty fed up , tired , worn out and ground down by trying to do my best to figure it out ,I am currently in my office at work , very little work has been done , just more council tax things , Ideally I would like myself and my landlord to be able to live happily ever after ......

G_M

Whatever the outcome of the CT valuation, your contract with your landlord is clear - he is responsible under the contract (though not under CT leglislation) for the CT costs.

You could therefore either

* claim back the ultimate amount (letter claiming the amount and enclosing copy of bill, followed by court action if needs be) and/or
* deduct the cost from future rent for as long as it takes to cover the CT.

As you say you have a good relationship with the LL, you will probobly want to sit down with him over tea and cakes and discuss all this, but from the starting point that your tenancy includes all CT costs.

What agreement and/or compromise you then reach with him is up to you.

Out of interest (I may have missed it in the long thread!) how did this start? How/why did the CT dept suddenly decide there was an annexe (or whatever it is) that needed classifying......?

Doozergirl

G_M wrote: »

Out of interest (I may have missed it in the long thread!) how did this start? How/why did the CT dept suddenly decide there was an annexe (or whatever it is) that needed classifying......?

The OP registered to join the Electoral Roll to vote for 'Brexit".

The very real cost of leaving the EU to their landlord. I hope their landlord voted 'leave' as well!

justwondering25

Doozergirl wrote: »

The OP registered to join the Electoral Roll to vote for 'Brexit".

The very real cost of leaving the EU to their landlord. I hope their landlord voted 'leave' as well!

Well inadvertently on that day I may of voted to leave in my more than one way !!!

G_M

Doozergirl wrote: »

The OP registered to join the Electoral Roll to vote for 'Brexit".

The very real cost of leaving the EU to their landlord. I hope their landlord voted 'leave' as well!

As ye sow, so shall ye reap.

lincroft1710

It appears the VOA have seen that there is no planning restriction on selling and treated it as a "stand alone" dwelling rather than an annex. I have never encountered the argument that as all bills go to the landlord it is per se an annex.

What might be more relevant is the fact that the utilities have not been separated from the main house. But I would need to check VOA CT Manual and (if any) case law which won't be a 5 minute job!

In the meantime, two points.

Firstly, have you or your LL received the official notification from VOA of the band and effective date? If so could you please let us know what these are.

Secondly you need to speak to the person in the VOA who was responsible for deciding it was not an annex and ask them for the criteria they used. Emphasise you're staring down the barrel of a £5K bill with virtual immediate repayment required.

justwondering25

lincroft1710 wrote: »

It appears the VOA have seen that there is no planning restriction on selling and treated it as a "stand alone" dwelling rather than an annex. I have never encountered the argument that as all bills go to the landlord it is per se an annex.

What might be more relevant is the fact that the utilities have not been separated from the main house. But I would need to check VOA CT Manual and (if any) case law which won't be a 5 minute job!

In the meantime, two points.

Firstly, have you or your LL received the official notification from VOA of the band and effective date? If so could you please let us know what these are.

Secondly you need to speak to the person in the VOA who was responsible for deciding it was not an annex and ask them for the criteria they used. Emphasise you're staring down the barrel of a £5K bill with virtual immediate repayment required.

I have all the bills backdated back to 2011 all the way to 2017 31/03/17 no discount has yet been applied for or applied.

The band is band A , it say effective date of Alteration 29 January 2017

Thank you for all your help .

lincroft1710

If the effective date is 29 January 2017, it has not been backdated!!