Our Council notified us of increase of our the council tax for granny/annex flat up to 200%

Totobaer139

Hi
I hope that somebody can advise on a best way to deal with an issue. Our Council has notified us that from Feb 2021 our council tax will be increased by 200%  for our basement/annex /granny  flat as it has been empty and unoccupied for 2 years now.

The basement / annex/granny flat is a part of the house . It has a separate entrance; but the entrance is  from our garden and we use it as a part of the house. 

When we acquired the property  several years ago we applied for the 50% discount on the council tax for our basement /cranny /annex flat which is  part of the main house and we have been paying discounted council tax since then.

The council said that due to the shortage of  properties (I think its more like a money grabbing exercise)   in our area the council is trying to get people to put their emty  properties back in to the rental market by increasing their council tax but our basement flat  is a part of the main household and therefore should be exempt .
there is no planning permission for this flat as i suspect it was created long t Our Council has notified us that from Feb 2021 our council tax will be increased by 200%  for our basement flat as it has been empty and unoccupied for 2 years. 

The basement / granny flat is a part of the house . It has a separate entrance; but the entrance is  from our garden and we use it as a part of the house. 

When we acquired the property  several years ago we applied for the 50% discount on the council tax for our ground  floor  flat which is  part of the main house and we have been paying discounted council tax since then.

Due to the shortage of  properties in our area the council is trying to get people to put their emty  properties back in to the rental market by increasing their council tax but our flat is a part of the main household and therefore should be exempt . I have checked the record and could not find a planning permission application for the flat so I think it was created a long time ago as the house was build in 1898.

My questions are:

How can we prove that it's granny flat?

Are the  council allowed to visit for inspection our private (non rental ) property ? and if so on what basis ?

Thanks a lot 

Mickey666

It's a granny flat/annexe if it is capable of self-contained living, which basically means it has a kitchen and bathroom.  External doors and or internal doors do not matter.
I don't quite understand your question about you proving it's a granny flat because presumably that's already well-established.  It sounds as if it has already been assessed as such, which is why it has a CT band at all.  Perhaps you meant how to prove it's NOT a granny flat?  For that, I think you'd have to take out the kitchen . . . which might be as easy as removing the cooker and then asking the council to reassess the property for CT.
Alternatively, do you have a granny you could move in - dependent relatives (ie over 65) mean 100% CT exemption

Jeremy535897

See https://www.moneysavingexpert.com/news/2015/03/got-an-annexe-check-if-youre-due-a-council-tax-discount/
Also https://www.citizensadvice.org.uk/housing/council-tax/council-tax/

harpee

Assuming your in england contact the council and get them to look up The Council Tax (prescribed classes or dwellings) (england) (amendment) regulations 2012 SI 2012/2964 - you can find it online - the explanatory note clearly says annexes being used by the residents cannot be charged an empty home premium. Also the premium only applies to empty & unoccupied property so if it's furnished the premium is not applicable. If they've given you a 50% annexes discount they must have already accepted it's an annexe and is being used by you as part of your home so presumably it is furnished?

Hasbeen

Move your partner in from main house.
You will then both get single persons discount?

harpee

Sorry didn't read it properly, you did say it's empty. If there was no planning permission sought or granted you could see if they'll give you a class T exemption as you do not have permission to let it out separately...! Or furnish it and say you're using it to get the 50% discount again.
Or make alterations so it is no longer a separate dwelling and get the annexe deleted from the valuation list. Merging it with your main house could potentially lead to an increase in the resulting single band though.

oldbikebloke

harpee said:

Merging it with your main house could potentially lead to an increase in the resulting single band though.

indeed, but rarely will two separate council tax bills, of which the annex is of course at least band A, add up to less than a combined single bill which has been uplifted by 1, or at worst 2, bands? Even if the annex is getting 50% discount.

if it were me, I be focused on getting it "aggregated" back into a single dwelling with one CT banding 

Jeremy535897

harpee said:

Sorry didn't read it properly, you did say it's empty. If there was no planning permission sought or granted you could see if they'll give you a class T exemption as you do not have permission to let it out separately...! Or furnish it and say you're using it to get the 50% discount again.
Or make alterations so it is no longer a separate dwelling and get the annexe deleted from the valuation list. Merging it with your main house could potentially lead to an increase in the resulting single band though.

The OP is confusing. The words that indicate it's empty come from the Council. OP actually says:

The basement / annex/granny flat is a part of the house . It has a separate entrance; but the entrance is  from our garden and we use it as a part of the house. 

lincroft1710

harpee said:

Sorry didn't read it properly, you did say it's empty. If there was no planning permission sought or granted you could see if they'll give you a class T exemption as you do not have permission to let it out separately...! Or furnish it and say you're using it to get the 50% discount again.
Or make alterations so it is no longer a separate dwelling and get the annexe deleted from the valuation list. Merging it with your main house could potentially lead to an increase in the resulting single band though.

If there is no pp then there will be no restriction on letting it out.

lincroft1710

Mickey666 said:

It's a granny flat/annexe if it is capable of self-contained living, which basically means it has a kitchen and bathroom.  External doors and or internal doors do not matter.
I don't quite understand your question about you proving it's a granny flat because presumably that's already well-established.  It sounds as if it has already been assessed as such, which is why it has a CT band at all.  Perhaps you meant how to prove it's NOT a granny flat?  For that, I think you'd have to take out the kitchen . . . which might be as easy as removing the cooker and then asking the council to reassess the property for CT.
Alternatively, do you have a granny you could move in - dependent relatives (ie over 65) mean 100% CT exemption

Internal doors do matter (although not in this case) if the only access to the flat is via a main room in the house, it would not then be considered capable of separate occupation and could not be separately banded.

CT banding is carried out by the Valuation Office Agency (part of HMRC) not the council. Just taking the cooker out, would not be enough, the cooker point would also need to be removed and the VOA may also insist the sink and water pipes are removed.

As well as certain relatives over 65, certain relatives under 65 who are severely mentally impaired or substantially and permanently disabled will also qualify for Class W exemption from paying CT.

Totobaer139

Hi Thank you everybody for the comments 
It’s nit empty . The flat has the furniture but council is trying to harpee said:

Assuming your in england contact the council and get them to look up The Council Tax (prescribed classes or dwellings) (england) (amendment) regulations 2012 SI 2012/2964 - you can find it online - the explanatory note clearly says annexes being used by the residents cannot be charged an empty home premium. Also the premium only applies to empty & unoccupied property so if it's furnished the premium is not applicable. If they've given you a 50% annexes discount they must have already accepted it's an annexe and is being used by you as part of your home so presumably it is furnished?

Yes we are in England.
Thank you so much for providing the regulations number ! That is very helpful as unfortunately our council  thinks that they are separate country/state with their own law  . They keep referring to their own guidelines . Our son used to live their but now he moved out so the flat has some furniture and mainly we use it as a storage facilities .