Bought house and Council Tax doubled.

CIS

I have gone through the legislation earlier and have a few items to use as argument in our defense. None of them are 100% but I believe I have a case.

What points are you specifically trying to argue at the tribunal ? What is the specific outcome you're asking for ?

If you post them the we should be able to help with that.

Craig

teddysmum

Could you not remove the kitchen?


I agree that they are double charging for the 'annexe', because it is either an extension which puts the band up on sale by the owners creating that extension or a separate property which should not affect the main building. If the latter, it may even reduce the band as a detached house has become a semi ?

lincroft1710

It would make more sense if the house was originally Band E and went to a Band D and a Band A.

But access via the main house kitchen is possibly not in the spirit of case law, which is what has defined whether there is or is not an annex. Checking this would take time, so it may be a few days whether I can confirm this or not

dariune

You guys are being very decent about this. Thankyou.

Originally I wanted to argue that because I had been told by two governing bodies (One made irrelevant by lack of jurasdiction) what the Council Tax should be and I bought the house on that basis, then that is what the COuncil Tax should be. I quickly realised how naive that was though. No proof, no one cares (As far as they are concerned) and I needed to get over my overly ethical self.

However I believe I have argument. I would show you all the layout but I don't think this forum allows images/ documents to be attached?

1. The access to the Annexe is either via a utility room which is accessed from the kitchen. There is, however a door from the utility room to the outside as well which I will propose I brick up. It isn't in use and if this argument will help then I am happy to do that. The only other access to the Annexe is via our back garden.

This argument isn't particularly string because the documentation linked to by the VOA and further reading linked to above states that as long as it has a kitchen and washing facilities it can be considered an Annexe for Council Tax purposes.

2. Currently I have a friend, down on her luck, staying there. I read that if only one person is staying in an Annexe you can be considered for a discount. (She has a bed in the room and a fridge but uses most of our facilities for cooking, washing because the main part of the house has nicer facilities). So even if I have to pay Council Tax on the property I might be due a discount. Ironically if no one is staying there I am not due a discount (Or not that I could find)

3. The house is a semi detached house. If the Annexe is an official Annexe then surely the hosue would become Terraced? That being the case, as mentioned above (Thanks for that) that would devalue our property and so it should certainly not go up a Tax Band.

4. All of the other identical properties on our estate are Band D except for one which had an extension. If they conclude that we do indeed need to pay tax on the Annexe then surely our house, which has had no other alterations, would also be Band D?

5. I will also mention that if do need to pay Council Tax on the spare room then surely we should get seperate bins for the "second proiperty"?

6. The footprint of the property has changed very little because the spare room has replaced a garage. It is bigger than the garage was but not by much. (Not sure how to turn this into an argument in my case but it might be worth mentioning)

The end result? Well ideally I would like the Council Tax to go back to what it was and what I was told it would be. But I appreciate that might be shooting for the stars at this point.

I would, however either like to be paying one Band E rate or a Band D and band A rate.

Seriously, you guys have been great. Several things I hve read here I hadn't even thought of.

Thankyou.

Norman_Castle

[QUOTE=dariune;72344348

2. Currently I have a friend, down on her luck, staying there. I read that if only one person is staying in an Annexe you can be considered for a discount. (She has a bed in the room and a fridge but uses most of our facilities for cooking, washing because the main part of the house has nicer facilities). [/QUOTE]

Removing the cooking facilities could remove the annex status. Compare the cost of removing them to the increased council tax. Do you ever expect to use them in the future?

Niv

Norman_Castle wrote: »

Removing the cooking facilities could remove the annex status. Compare the cost of removing them to the increased council tax. Do you ever expect to use them in the future?

Does anyone know to what level you would need to 'remove the kitchen'?


What I mean is, if there was no cooker, fridge etc, could the surfaces and a sink stay and it be classed as a utility room? Or would you have to remove any hint that it could be used as a kitchen?

CIS

As you have an occupier already living in the property then you need to inform the council - that occupier would be liable for the council tax charge, with a 25% discount.

Craig

CIS

Niv wrote: »

Does anyone know to what level you would need to 'remove the kitchen'?


What I mean is, if there was no cooker, fridge etc, could the surfaces and a sink stay and it be classed as a utility room? Or would you have to remove any hint that it could be used as a kitchen?

Effectively remove it to below what a person would expect kitchen facilities to be - if everything was to remain in place to the point it could easily be changed back then it's probably pushing it a bit.

There is a further aspect at play here in that a property can be banded for council tax purely by virtue of occupation - rather than having to be a self contained dwelling. It's less common but simply by having an occupier renting a defined room/set of rooms there is case law to support it being a dwelling solely on that basis and thus banded for council tax purposes anyway

Craig

Niv

CIS wrote: »

Effectively remove it to below what a person would expect kitchen facilities to be - if everything was to remain in place to the point it could easily be changed back then it's probably pushing it a bit.

There is a further aspect at play here in that a property can be banded for council tax purely by virtue of occupation - rather than having to be a self contained dwelling. It's less common but simply by having an occupier renting a defined room/set of rooms there is case law to support it being a dwelling solely on that basis and thus banded for council tax purposes anyway

Craig

I hadn't realised this, this seems to fly in the face of the rent-a-room scheme.

CIS

I hadn't realised this, this seems to fly in the face of the rent-a-room scheme.

It's not commonly used but it can be - it relies on a piece of case-law more commonly used in Business Rates cases.

The problem is that, if it's valid case-law on how things should apply, then they should be applying it to every case, rather than it being hit and miss.

Craig