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VOA complaint and Council calls regarding my lodgers

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24

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  • Marvel1
    Marvel1 Posts: 7,436 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 December 2020 at 5:08PM
    Phone your mobile, how did the the number?

    Big giveaway, concerned you contacted VOA.

    Scam

  • lincroft1710
    lincroft1710 Posts: 18,908 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The VOA get nearly all of the information regarding property changes from councils, so it is hardly likely a council would be worried if a house owner went directly to the VOA. Saves them a job!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • rpgo
    rpgo Posts: 21 Forumite
    Fifth Anniversary 10 Posts
    Lodgers are (nearly always) no tenants. However that is not relevat in terms of whether it an HMO or not. Have you read the HMO link provided earlier?
    I have, but it raises more questions than answers. To quote the link:

    Your home is a house in multiple occupation (HMO) if both of the following apply:

    + at least 3 tenants live there, forming more than 1 household - If we count the lodgers as tenants, then there are 2, not 3. I'm pretty sure my girlfriend doesn't count as a tenant or lodger, we are simply living together. But I'll be happy to be corrected.


    + you share toilet, bathroom or kitchen facilities with other tenants - Both lodgers share a toilet, while me and my girlfriend share the second toilet of the house. We don't use the other toilet and the lodgers don't use ours (house rule established). We all share a kitchen on the ground floor.

    So I'm not sure if that means it would be an HMO or not. If I were to have a separate kitchen just for me and my girlfriend, would that sort any doubts?
    Simple and sensible solution is to cooking in your lodgers' rooms (for a variety of reasons outlined earlier). Your home: your rules.
    I have a house rule when it comes to food consumption. It must be done on the living room or kitchen. I never thought of them trying to cook inside the rooms. I also find it hard to believe that they would cook in their rooms.
    How whoever it was obtained your number seems irrelevant. It's the content and verity of the all that matters, which has been discussed fully. Ignore.
    I'm still trying to understand if it is legitimate or not, hence trying to understand how they come to have my details and number.
    Not sure what criminal act might have take place unless and until money is fraudulently demanded.
    Impersonating a designated officer perhaps?
  • anselld
    anselld Posts: 8,644 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As I stated earlier, three lodgers becomes an HMO.  Two lodgers is not an HMO.
  • Pleased to hear council are checking up on things
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tacpot12 said:
    This does sound like some sort of scam. The fact he was concerned that you had called the VOA is the most unusual aspect of this. 

    Your property cannot be determined to be a HMO just on the basis of having two kitchens. The definition of a HMO is given here: Private renting: Houses in multiple occupation - GOV.UK (www.gov.uk)

    The VOA would be involved for council tax purposes - the council tax definition of a HMO is different to that used in the HA 2004 and the questions asked over the phone would be exactly what the VOA would ask when deciding if a property was one which contained multiple units for banding 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.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    anselld said:
    As I stated earlier, three lodgers becomes an HMO.  Two lodgers is not an HMO.
    It might not be for HMO licencing purposes but that's not what the VOA are interested in. Their interested in the number of units of property that exist for council tax purposes.
    By focusing on the HA 2004 definition of a HMO the wider picture gets missed.
    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.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    rpgo said:
    I'm still trying to understand if it is legitimate or not, hence trying to understand how they come to have my details and number.
    The questions you outlined are exactly what the VOA would ask in respect of checking the number of bandable units within a property for council tax purposes - it's relatively obscure, if there was a scam they'd have asked over a banding refund or similar.
    Call the VOA and ask.
    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: 1,996 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 21 December 2020 at 2:24PM

    A very experienced landlord friend of mine, is adamant that it must be a scam, that councils always notify you through letters, not phone calls. 
    Your friend is mistaken. I know a landlord whereby a tree in the front garden was overgrowing the pavement a bit too much. The council asked the tenant for the Landlords phone number and phoned them up to discuss a day or so before the letter arrived
    The OP however should ignore anything that they are being told over the phone who ever it is. and only progress matters if they receive a letter. as this looks like nonsense
  • rpgo
    rpgo Posts: 21 Forumite
    Fifth Anniversary 10 Posts
    Well, got this on the post today.
    I guess it's not a scam. Not sure how to begin to fight this.

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