Annex Council Tax/ Landlord Dilemma

Keswick1uk

My friends is attached with a fully blocked up doorway.  I can ask them but think the decision was based on what facilities they had. Because it was self contained (albeit tiny kitchen and shower room) they paid band A separate council tax, backdated to moving in date not as a resident of the main house.

[Deleted User]

sheramber said:

Would it be worth approaching  the owner about buying it. It would save him EA fees?

I think buying it might be tricky, as it's in the landlord's garden. If she were to sell her house, it might be a sticking point that part of the property is owned by someone else!
 Keswick1uk said:

This happened to someone I know. They registered to vote (Brexit time) and it got picked up by council. They now pay council tax by law and spoke to the landlord who agreed to reduce rent accordingly as the rent is bills included. The tax was backdated but only by a few months because it was picked up so fast.

It's interesting to know that the tenant is still living there. I imagine there were may have been repercussions for the landlord?

[Deleted User]

tomphoto said:

Sorry to hijack the thread... I've been directed here as I have a similar issue. Only difference in that my annexe is attached to the main house (via a closed doorway) Also I've been living here a few years!

As it's attached could I suggest to my LL that he put me down as a resident in the house and begin paying the additional council tax? My concern now is that having been off the electoral roll for a number of years, I am going to appear on the system with no explanation where I've been for the last few years.

Hi Tom,
Have you checked the land registry to see if the attached annex has its own council tax banding (and if it's been registered?) If it's a self-contained unit, it may well be considered separate. Having spoken to a few people about this, it seems like such a common thing that goes under the radar. Unfortunately, well meaning tenants who truly think their rent is 'all bills included' then end up discovering for themselves.

tomphoto

Deleted_User said:

tomphoto said:

Sorry to hijack the thread... I've been directed here as I have a similar issue. Only difference in that my annexe is attached to the main house (via a closed doorway) Also I've been living here a few years!

As it's attached could I suggest to my LL that he put me down as a resident in the house and begin paying the additional council tax? My concern now is that having been off the electoral roll for a number of years, I am going to appear on the system with no explanation where I've been for the last few years.

Hi Tom,
Have you checked the land registry to see if the attached annex has its own council tax banding (and if it's been registered?) If it's a self-contained unit, it may well be considered separate. Having spoken to a few people about this, it seems like such a common thing that goes under the radar. Unfortunately, well meaning tenants who truly think their rent is 'all bills included' then end up discovering for themselves.

Like yourself this has really stressed me out a virtually sleepless night last night worrying about the potential repercussions. I've replied to the same questions on my original thread so I'll leave this one to you rather than discuss the same issue on 2 threads. Good luck with your situation. https://forums.moneysavingexpert.com/discussion/6265859/landlord-electoral-roll-issue#latest

Keswick1uk

I've no idea if there were any further repercussions.  It was the first time it was ever let after being created when the owner's children went to Uni so no history to worry about. This let was arranged through an agent and market value, so no idea how they could have been caught in such a potentially sticky situation, but it panned out OK in the end.

NameUnavailable

It's not clear if you're a tenant or a lodger. A lodger wouldn't pay separate CT (and what the LL is paying is none of your businesss - if they're breaking the law by claiming single person discount that's their problem).

However the other question is whether or not the 'annex' you live in should be regarded as a separate dwelling or not.

I am renting a friend's annex but it is deemed to be legally part of the house (I don't pay CT and all services are linked to the house, gas/electric etc). I think there's some rule about him not being able to fit a separate front door, or blocking the door that goes into the other room (in the main house).

lincroft1710

tomphoto said:

Sorry to hijack the thread... I've been directed here as I have a similar issue. Only difference in that my annexe is attached to the main house (via a closed doorway) Also I've been living here a few years!

As it's attached could I suggest to my LL that he put me down as a resident in the house and begin paying the additional council tax? My concern now is that having been off the electoral roll for a number of years, I am going to appear on the system with no explanation where I've been for the last few years.

It makes no difference if an annex is attached to the main house or is a separate building within the grounds. Neither does sharing utilities supplies. If an annex has room for living/sleeping, facilities for preparing food and washing, plus a WC, it is thus a self contained unit of living accommodation and should have its own CT band. However where an annex is attached to the main house and the only means of access is. from a room in that house (not a corridor, hallway, passage or stairs) it will not be considered self contained.


Therefore if your annex fits the self contained criteria it should have its own CT band and you as tenant would be responsible for paying the CT which can be backdated.

The Electoral Register is a completely different ball game. There are civil and criminal penalties for making a false declaration and your LL would be guilty of this by failing to include you on the registration form. As you knew you should have been on the ER but weren't, you could also be guilty.

sheramber

Deleted_User said:

sheramber said:

Would it be worth approaching  the owner about buying it. It would save him EA fees?

I think buying it might be tricky, as it's in the landlord's garden. If she were to sell her house, it might be a sticking point that part of the property is owned by someone else!
 Keswick1uk said:

This happened to someone I know. They registered to vote (Brexit time) and it got picked up by council. They now pay council tax by law and spoke to the landlord who agreed to reduce rent accordingly as the rent is bills included. The tax was backdated but only by a few months because it was picked up so fast.

It's interesting to know that the tenant is still living there. I imagine there were may have been repercussions for the landlord?

i was referring to the house you had heard was coming onto the market. Get in before ot goes on the market.
Put a note through the door saying you are interested  in buying in the area .