Tenant in an annexe, council issues

KatrinaWaves

Not sure why people are stating the banding won’t be backdating, as it almost certainly will.

This is not an annexe. It’s a separate building where someone lives commercially. It’s no where near an ‘annexe’

I’m currently dealing with a similarish scenario at work. Tenant moved into a flat and was told to give an amount to another tenant for Council tax, (tenant is not unfortunately of the intellect to realise that a separate flat should have one bill for itself, rather than one bill for the whole house, and was told he was basically a lodger) Turns out the property has never officially been split into flats and now the tenant has a backdated council tax bill to the date that the builders stated he house was split into flats.

CIS

KatrinaWaves wrote: »

Not sure why people are stating the banding won’t be backdating, as it almost certainly will.

This is not an annexe. It’s a separate building where someone lives commercially. It’s no where near an ‘annexe’

I’m currently dealing with a similarish scenario at work. Tenant moved into a flat and was told to give an amount to another tenant for Council tax, (tenant is not unfortunately of the intellect to realise that a separate flat should have one bill for itself, rather than one bill for the whole house, and was told he was basically a lodger) Turns out the property has never officially been split into flats and now the tenant has a backdated council tax bill to the date that the builders stated he house was split into flats.

The initial confusion came via the mention of both annexes and separate dwellings, now it's clear it's not an annexe but a separate dwelling it should be backdated - it's not always 100% clear cut though as I've know cases where the VOA haven't backdated or haven't backdated all the way (for reasons known only to them). Worst case, and most likely, is the backdated demand notice.

Backdated banding can be a pain - I've dealt with cases in the past where they've gone back years to correct the records and the bills can make your eyes water.

Shreiber

Nice...

What's then if we leave the property before property gets band?

I feel so stupid. I was planning to contact the council as I did before when we moved in a new house, but I didn't. I thought something was wrong with council when we had issues with the bins, but I left. Silly me... now I might pay lots of money...

According to the current situation, we can leave whenever we want, we do not need to fulfill the contract. 2 months left, but we are free to go. LL was very cooperative...

KatrinaWaves

Leaving the property makes no difference to billing or the council.

You need to speak to your landlord and say ‘the tenancy says CT is included in the rent, will you be covering our bill if/when we get one’

If he doesn’t it may be up to you to take them to court and see what a judge says. The council won’t get involved with it.

Cakeguts

Shreiber wrote: »

Nice...

What's then if we leave the property before property gets band?

I feel so stupid. I was planning to contact the council as I did before when we moved in a new house, but I didn't. I thought something was wrong with council when we had issues with the bins, but I left. Silly me... now I might pay lots of money...

According to the current situation, we can leave whenever we want, we do not need to fulfill the contract. 2 months left, but we are free to go. LL was very cooperative...

I would guess that the council will not band this outbuilding simply because it shouldn't have been let as living accommodation and the landlord will be very keen to not do anything that suggests that someone has been living in it.

parkrunner

Shreiber wrote: »

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?

No, that would be considered false imprisonment I think

flower77g

The type of tenancy here is really important: it may or may not be an AST. As an annex without separate CT it could be that OP is only an excluded occupier (see https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type) - very important to read what the agreement actually says. Excluded occupiers have much weaker rights.

Shreiber

I am sorry for confusion.

LL always called the house 'annexe', I thought it is correct...

All I know, nobody could live in permanently, so it has been illegally let. LL also mentioned 4 years rule or whatever, but that is not my cup of tea..

However, I would be really curious how councils can find out how old is a building (contacting all the builders? And if they were from the EU and left the country by now?) and how long is habited?

I mean, I can say whatever I want...

Law is a rabbit hole.

lincroft1710

Cakeguts wrote: »

I would guess that the council will not band this outbuilding simply because it shouldn't have been let as living accommodation and the landlord will be very keen to not do anything that suggests that someone has been living in it.

Strangely, illegal occupation/usage does not prevent the VOA (who band dwellings, not the council) from banding a "property". I've banded one or two in my time (ex VOA).

CIS

Shreiber wrote: »

I am sorry for confusion.

LL always called the house 'annexe', I thought it is correct...

All I know, nobody could live in permanently, so it has been illegally let. LL also mentioned 4 years rule or whatever, but that is not my cup of tea..

However, I would be really curious how councils can find out how old is a building (contacting all the builders? And if they were from the EU and left the country by now?) and how long is habited?

I mean, I can say whatever I want...

Law is a rabbit hole.

Giving false information can lead down a different rabbit hole, one you don't wan't to go down.