Tenant in an annexe, council issues

Shreiber

Hi there

The situation:
We rent a house which is an annexe of our LL's house. It is fully separated, but we have just found out, it has not been rated as a separate dwelling.
Council tax is included in rent.
LL had an arguement with his neighbour and he contacted the council supposing someone lives in LL's annexe.
We have been asked by our LL to move out within couple of days to avoid enforcement notice.
I know, I should have been more careful, but we have not paid attention enough. We thought, everything is legal as we had a contract saying council tax included, and we also got invoices from our LL for the rent.
Now we are shocked. However, we are easygoing people who do not like trouble so we move out. (Our temporary accommodation will be arranged by LL as long as we find a new home.)

My questions:
1. Did we make a mistake not contacting the council to let them know we live here? 2. Should we have paid council tax? Despite of the fact that council tax is included in the rent?
3. What can the council do to our LL and to us?

Any advice is kindly appreciated. Whatever you think, please feel free to share with me.

Many thanks.

System

You didn't make a mistake. The council won't do anything to you especially if you've still got the contract saying council tax was included, if anything happens it will be to the landlord and that's none of your concern.

Shreiber

Many thanks.

I am a bit worried as we need to let some furniture here and what if they found out that the annexe was occupied? Can they close the house and lock our staff as well?

lincroft1710

If the annex is banded for CT, the effective date is unlikely to be backdated. However had there been an existing CT band, in law the tenant is responsible and in such circumstances, the OP could have been served a backdated CT bill.

A contract between LL and tenant in a single household dwelling, which states the rent includes CT has absolutely no legal standing and the council will legitimately pursue the tenant for the CT.

Shreiber

As far as I know, LL pays CT after his house and annexe has not been banded.

lincroft1710

If the annex was built without building regulation approval or planning permission, there are circumstances where the council can order its demolition. However these occasions are very rare and it can take months or even years for this to occur. It is far more likely the council would ask your LL to apply for a regularisation certificate

lincroft1710

Shreiber wrote: »

As far as I know, LL pays CT after his house and annexe has not been banded.

Do you mean the LL pays the CT for his house but not on the annex. If so, why was he charging you CT in your rent?

Shreiber

Oh, one more thing. LL said that the property could not be let and lived permanently for 4 years. Is that right?

Shreiber

Maybe to avoid us to contact the council? I mean, we know that tenants need to pay CT normally so we will would have let them know that we moved in.
As I did not have a clue about all this, I registered on vote registrar. LL has never informed the council about us.

lincroft1710

You do realise that if you have an AST (assured shorthold tenancy), your landlord cannot insist you vacate in a couple of days. If there are occupancy conditions then they will have been part of the planning permission conditions.

I am starting to disbelieve what your LL is claiming and think he wants you out and is "scaring" you into leaving

Shreiber

I had the same feeling...

But he offered us his own home for the next 2 months to live. (2 months left from the contract. He could just not renew.)