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Help, my landlord is letting my flat illegally

24

Comments

  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    Who is paying your utility bills,gas,electric water?

    did you hand over a deposit,has this been protected?

    Did you rent via a letting agent or direct with the LL?

    inventory?
    gas safety certificate?
    EPC document?


    How do you pay your rent?
    in S 38 T 2 F 50
    out S 36 T 9 F 24 FF 4

    2017-32 2018 -33 2019 -21 2020 -5 2021 -4 2022
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 August 2019 at 9:07AM
    dange777 wrote: »
    No, the "landlord" is paying that. Included in the rent.


    Expect a big backdated charge once the council become aware. It seems relatively clear that, for council tax purposes, the flat should be banded for council tax. As you hold a tenancy for the flat you, and not the landlord, fall liable for the charge. I would recommend that you don't get in to arrangement to pay council tax 'in with the rent' as it is invariably a dodgy situation.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    CIS wrote: »
    Expect a big backdated charge once the council become aware. It seems relatively clear that, for council tax purposes, the flat should be banded for council tax. As you hold a tenancy for the flat you, and not the landlord, fall liable for the charge. I would recommend that you don'tget in to arrangement to pay council tax 'in with the rent' as it is invariably a dodgy situation.


    They will either move out the OP or tell him to stop living there, its not suitable.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sevenhills wrote: »
    They will either move out the OP or tell him to stop living there, its not suitable.


    Two different issues though - the council may well state the property should not be inhabited but that does not affect any council tax liability that has accrued or would accrue (occupation does not have to be legal for council tax purposes).
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Marvel1
    Marvel1 Posts: 7,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dange777 wrote: »
    No, the "landlord" is paying that. Included in the rent.

    Based on what? The flat is not recognised and is separate to the shop's council business tax.

    https://www.bytestart.co.uk/business-rates-guide.html
    If the building has split use, for example you live in a flat above a shop; you will pay business rates on the shop and council tax on the flat.
  • Slinky
    Slinky Posts: 11,273 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I recall a thread on here a while back with a poster who lived in an annex on a farm (IIRC) that should have been banded for Council Tax and wasn't. The poster had been living there for some years. When the CT people caught up with the situation, it was the tenant they went after for the money, not the landlord.
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  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Based on what? The flat is not recognised and is separate to the shop's council business tax.


    I wonder whether the landlord has actually directly stated to the OP that it 'includes council tax' or they are just surmising it from the situation. Either way it's clearly incorrect though.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • sevenhills
    sevenhills Posts: 5,938 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    CIS wrote: »
    Two different issues though - the council may well state the property should not be inhabited but that does not affect any council tax liability that has accrued or would accrue (occupation does not have to be legal for council tax purposes).


    Since the council and Royal Mail don't recognise it as an official address, any enforcement would be rather difficult. Where would they send the enforcement letters
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sevenhills wrote: »
    Since the council and Royal Mail don't recognise it as an official address, any enforcement would be rather difficult. Where would they send the enforcement letters


    It would be banded by the VOA and only then can council tax be charged - it would be assigned an address at that point. The council tax charge can then however be backdated as required to reflect the actual circumstances.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Jumblebumble
    Jumblebumble Posts: 2,040 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    davidmcn wrote: »
    Your tenancy isn't void. The breach of planning is only an issue if and when the planners decide to enforce it - and is primarily your landlord's problem rather than yours, it doesn't mean anybody's entitled to kick you out at short notice.

    And you don't need an "official address" to be on the electoral roll - even the homeless can register to vote.
    However this situation will likely cause you a lot of trouble if you want to obtain credit, take out insurance. Phone lines etc
    I would hope that this would render the tenancy void under common law
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