Council tax confusion - messy {Merged}

alexsimps

I need some help to clarify a messy situation. I am living alone in a self contained property (2 bedroom flat) within a privately run residential care home. I am renting. There is also another self contained 1 bedroom occupied flat within the property on the other side of the property. As I said, the rest of the property is full of rooms where the elderly residents in the care home live (bed, bathroom etc) along with open rooms for them to all be together to watch tv etc etc. My address is simply my name at the care home, I don't have a separate address from anyone else under this property.

Who is actually responsible for paying my council tax?? When I first moved in (a while ago) the rental agreement said my rent payable £xxx per month INCLUDES council tax, that rental agreement has since expired and I have never been given a new one since.

Personally I have NEVER been asked to pay any council tax, I have never had a letter from anyone regarding council tax.

I have spoke to my landlord about this (the owner of the care home) and he didn't seem too clued up, but wanted to point out that I am responsible for paying the council tax. I need to show him the original rental agreement as he has probably forgotton it stated my rent includes the council tax.

Also, am I right in thinking that where I live should be classed as a HMO?? Or am I wrong? If it is classed as a HMO then I think my landlord is responsible to pay my council tax?

To add even further confusion, it appears that I have never been added to the electoral register!! Again, I think its the council tax payers responsibility to add me to the electoral role?

In a nut shell I want to get myself registered on the electoral role so I can build up a credit score (right now I don't have one as I don't exist!!) If I register to be on the electoral register will this flag up any issues regarding my council tax queries??

Any help would be great.

cattie

First of all it's your responsibility to register yourself on the electorial role & a simple phone call to the council should result in a form for you to fill out & return.

As far as your rental agreement goes, usually when your initial term is up you just go onto a rolling tenancy. Whether it's different because of your unique living situation I wouldn't like to say.

Unless you occupy a different address than that of the care home, I believe there wouldn't be any council tax liability for you. I have a retired friend who lives in a granny annex attached to her daughter's house & as it's not a separate addresss (only one front door), she has no council tax liability.

AdrianC

I'd have thought the care home would be paying business rates, not council tax.

If your property is not a separate property, then it won't have a separate CT band - it'll be part of the main property, so under the business rates, which would be included in your rent.

It's entirely your responsibility to ensure you're on the electoral roll.

00ec25

a care home is a separate class of dwelling, it's CT liability is not, as you seem to think, defined under by HMO rules

you can google the facts yourself:
https://www.bromley.gov.uk/info/200028/council_tax/115/council_tax_information_for_residential_and_care_homes

however, because you live in a self contained dwelling, are you actually receiving "care", and therefore are you actually in a care home in the first place?

looks to me that potentially the two flats should have separate council tax banding.... it would seem that this has been overlooked and you won't know for sure unless you discuss the matter with the body responsible for banding, which is not your council, it the responsibility of the Valuation Office Agency (VOA)
http://cti.voa.gov.uk/corporate/publications/Manuals/CouncilTaxManual/council_tax_man_pn/m-ct-man-pn5.html

The Council Tax (Chargeable Dwellings) Order 1992 (see para 4 below) introduces the concept of the need to identify any ‘self contained units’ found within hereditaments, and treat them as separate dwellings.


as a previous poster has mentioned an annex, it is often the case that its occupation is restricted to a relative of the property owner. Although it is physically an annex, its CT liability can be quite complex but, on average, falls on the property owner.

there is a ex member of VOA staff on here who may see this thread and comment further ( Lincroft )

alexsimps

Thank you for the replies so far. I will register to get on the electoral regisiter myself ASAP, my question is will doing so have any effect on the council tax situation, as in will enrolling to register on the electoral role alert the council that I am not paying Council tax???

00ec25

alexsimps wrote: »

Thank you for the replies so far. I will register to get on the electoral regisiter myself ASAP, my question is will doing so have any effect on the council tax situation, as in will enrolling to register on the electoral role alert the council that I am not paying Council tax???

do you want to vote or to evade tax? presumably as you are in a care home you must have been on the electoral roll in the past so how come you do not know how it works??

there is no link between the CT register and the electoral roll

https://www.gov.uk/register-to-vote

CIS

Who is actually responsible for paying my council tax?? When I first moved in (a while ago) the rental agreement said my rent payable £xxx per month INCLUDES council tax, that rental agreement has since expired and I have never been given a new one since.

Legislation determines who pay will pay the council tax, a tenancy agreement cannot override that determination.


As pointed out by 00ec25 there are special rules for care homes and banding of property. I agree with them that this seems to be a case where your property should however most likely be banded individually. It would not fall to be regarded as a council tax HMO, it would fall to be an individual dwelling.


On the basis that it is banded as an individual dwelling then you are responsible for the council tax charge and you will receive the demand notice. You would need to separately pursue the landlord if you believe you and him have a contract between yourselves regarding payment.

CIS

alexsimps wrote: »

Thank you for the replies so far. I will register to get on the electoral regisiter myself ASAP, my question is will doing so have any effect on the council tax situation, as in will enrolling to register on the electoral role alert the council that I am not paying Council tax???

It sounds at this stage like you're actively trying not to register - you are aware that sooner or later the council/valuation office will find out. This council tax charge can be backdated to deal with issues like this.

AdrianC

alexsimps wrote: »

Thank you for the replies so far. I will register to get on the electoral regisiter myself ASAP, my question is will doing so have any effect on the council tax situation, as in will enrolling to register on the electoral role alert the council that I am not paying Council tax???

Whether or not you're on the ER doesn't affect whether you should be paying CT on the property.

alexsimps

CIS wrote: »

It sounds at this stage like you're actively trying not to register - you are aware that sooner or later the council/valuation office will find out. This council tax charge can be backdated to deal with issues like this.

quite the opposite - I want to register on the electoral register so I can build up a credit score! I lived at home with my parents for many years and this is the first time I have lived alone.

CIS

alexsimps wrote: »

quite the opposite - I want to register on the electoral register so I can build up a credit score! I lived at home with my parents for many years and this is the first time I have lived alone.

In which case, follow the advice given and stop worrying. Contact the electoral services at the council and contact the council tax department.