Annex Council Tax/ Landlord Dilemma

Skiddaw1

@Deleted_User , I think you're probably overthinking. Hopefully, just offloading to us lot will have eased your mind a bit. You've found yourself a nice place to live and I hereby give you permission to enjoy it if that's any help!

[Deleted User]

I wonder if your landlord is a former landlord of mine. On top of the property I rented, for which she was not registered with the council, provided gas safety certificates or protected my deposit, she had also built a sort of two story shed in her garden out in that sticks. No planning permission, no council tax banding on SAA and not registered with that council as a landlord either. 

Like my former landlord it sounds as if your landlord’s behaviour is criminal. You obviously know it’s wrong but are quite happy to turn a blind eye for an easy life and cheaper rent. Only you can decide if you’re happy with that arrangement. I reported my landlord to the council because she more than crossed the line a few times. My only regret is not suing her over the deposit even if I just donated the money to Shelter Scotland or set fire to it. 

[Deleted User]

Lover_of_Lycra said:

Like my former landlord it sounds as if your landlord’s behaviour is criminal. You obviously know it’s wrong but are quite happy to turn a blind eye for an easy life and cheaper rent. Only you can decide if you’re happy with that arrangement. I reported my landlord to the council because she more than crossed the line a few times. My only regret is not suing her over the deposit even if I just donated the money to Shelter Scotland or set fire to it. 

Sounds similar actually. However, I'm obviously not quite happy to turn a blind eye. I have been up half the night and have had an extremely anxious day trying to work out what the right thing to do is. I did not choose to rent this place on the basis that it is essentially an illegal operation. Now I am seriously considering moving out of the first place I've found in years that I am comfortable in as a result.

lincroft1710

Your LL is committing CT fraud!

As the annex is not banded as a separate dwelling, she should not be claiming 25% single person discount. If the annex was banded then you could claim SPD and she could continue to claim SPD. As others have said if the annex is banded you could be facing a CT bill backdated to the start of your tenancy.

As well as falling foul of CT legislation, she may well have offended planning legislation and appears to be ignoring landlord registration legislation. Operating as an unregistered landlord is a criminal offence which could be subject to a penalty on conviction of up to £50k and a ban on letting properties of up to 5 years. 

I hope your deposit was put in to a recognised tenancy deposit scheme

[Deleted User]

lincroft1710 said:

Your LL is committing CT fraud!

As the annex is not banded as a separate dwelling, she should not be claiming 25% single person discount. If the annex was banded then you could claim SPD and she could continue to claim SPD. As others have said if the annex is banded you could be facing a CT bill backdated to the start of your tenancy.

As well as falling foul of CT legislation, she may well have offended planning legislation and appears to be ignoring landlord registration legislation. Operating as an unregistered landlord is a criminal offence which could be subject to a penalty on conviction of up to £50k and a ban on letting properties of up to 5 years. 

I hope your deposit was put in to a recognised tenancy deposit scheme

Thank you, this is what I thought. My difficulty is inadvertently finding myself involved in it. She is clearly happy enough to operate in this way, but I am not. There was no deposit, and the rent is rolling monthly so no worries there. However, as much as I like this place, I would rather move out and rent a place that is a legal operation. Don't know if I'm overreacting but I'm not comfortable with this.

Alan2020

Deleted_User said:

I'm just wondering if it might be worth offering to contribute to her council tax (the 25% that would mean she's not paying the single person's discount) since there clearly isn't only one adult living on her property, but I also don't live in the main house. Just worried.

Did you read my reply.  People are saying the council may find out - not may, they will.
When you move homes or change councils, you will need to fill in paperwork and then they will see that you haven't been paying, they will investigate the property and you will pay backdated council tax without the 25% discount.  You are breaking the law by not paying council tax.  You will ultimately have to move, and when you do they can check from your NI number for the years you have been liable, then they check with whichever LA you lived under and if you hadn't they will check employment records from your pay and backdate the council tax.

[Deleted User]

Deleted_User said:

Lover_of_Lycra said:

Like my former landlord it sounds as if your landlord’s behaviour is criminal. You obviously know it’s wrong but are quite happy to turn a blind eye for an easy life and cheaper rent. Only you can decide if you’re happy with that arrangement. I reported my landlord to the council because she more than crossed the line a few times. My only regret is not suing her over the deposit even if I just donated the money to Shelter Scotland or set fire to it. 

Sounds similar actually. However, I'm obviously not quite happy to turn a blind eye. I have been up half the night and have had an extremely anxious day trying to work out what the right thing to do is. I did not choose to rent this place on the basis that it is essentially an illegal operation. Now I am seriously considering moving out of the first place I've found in years that I am comfortable in as a result.

If you were that unhappy and didn’t want to turn a blind eye this wouldn’t be a dilemma. Jesus, Mary, Joseph and the wee donkey! You’d know exactly what to do about this bent landlord. Mother of God. Instead you’ve started this thread....why? Perhaps to get some internet strangers to tell you that what you’re doing is ok. 

Hasbeen

Are you actually renting or paying as a lodger? There is a big difference?

If renting?  I assume at the moment, below applies?

Do you have a legal approved contract if not. Illegal

The Landlord is unregistered. Scottish law. Illegal.

The Landlord is fraudulently claiming council tax discount. Illegal.
The Landlord is not paying HMRC on rental income. Illegal..
If you have paid a deposit? It is not protected. Illegal.
Do you have gas? Safety certificate. EPC certificate. Electrical Safety Certificate? If not. Illegal.
Do you have legislated linked smoke, heat detectors? Or any Co2 detectors.?If not. Illegal

There is more, but you get the gist?  Someone will correct me if wrong on any points?
You could speak to the Landord to confirm? 

But.
If above applies to you. I would advise moving out. Sorry.

[Deleted User]

Lover_of_Lycra said:

Deleted_User said:

Lover_of_Lycra said:

Like my former landlord it sounds as if your landlord’s behaviour is criminal. You obviously know it’s wrong but are quite happy to turn a blind eye for an easy life and cheaper rent. Only you can decide if you’re happy with that arrangement. I reported my landlord to the council because she more than crossed the line a few times. My only regret is not suing her over the deposit even if I just donated the money to Shelter Scotland or set fire to it. 

Sounds similar actually. However, I'm obviously not quite happy to turn a blind eye. I have been up half the night and have had an extremely anxious day trying to work out what the right thing to do is. I did not choose to rent this place on the basis that it is essentially an illegal operation. Now I am seriously considering moving out of the first place I've found in years that I am comfortable in as a result.

If you were that unhappy and didn’t want to turn a blind eye this wouldn’t be a dilemma. Jesus, Mary, Joseph and the wee donkey! You’d know exactly what to do about this bent landlord. Mother of God. Instead you’ve started this thread....why? Perhaps to get some internet strangers to tell you that what you’re doing is ok. 

I started this thread so I could make an informed decision about what to do next and if a reasonable solution that would allow me to stay in my home is available. I only moved in two months ago after a very tumultuous year last year, so ideally, would like to stay put. 

[Deleted User]

Hasbeen said:

Are you actually renting or paying as a lodger? There is a big difference?

If renting?  I assume at the moment, below applies?

Do you have a legal approved contract if not. Illegal

The Landlord is unregistered. Scottish law. Illegal.

The Landlord is fraudulently claiming council tax discount. Illegal.
The Landlord is not paying HMRC on rental income. Illegal..
If you have paid a deposit? It is not protected. Illegal.
Do you have gas? Safety certificate. EPC certificate. Electrical Safety Certificate? If not. Illegal.
Do you have legislated linked smoke, heat detectors? Or any Co2 detectors.?If not. Illegal

There is more, but you get the gist?  Someone will correct me if wrong on any points?
You could speak to the Landord to confirm? 

But.
If above applies to you. I would advise moving out. Sorry.

Yes, you're right. It's illegal on multiple fronts. Moving out is the conclusion I have come to as being the only reasonable option, though not ideal.