Landlord - Electoral roll issue

tomphoto

I have an issue with my landlord and the electoral roll. I have lived here for a number of years now, it's an annexe to the main house with a doorway through to the house that remains closed. Rent is reasonable and all bills are included because there's no separate meter etc. The understanding has always been that I was there 'on the quiet' and we have a good relationship. I was happy with this arrangement as there was never any issue (although I realise there are legal issues) Additional info: My landlord has chronic health issues and is the only adult registered at the address.

Call me ignorant but I've only just realised that this is an issue for me in terms of getting a mortgage etc. I'd therefore like to register but don't want to bring up any problems for my landlord who as I have mentioned, has enough worries. I'd like to approach him to say that I'd like to register but want to fully understand the implications for him. Presumably it will mean the end of his single occupancy council tax discount but are there any other issues I need to be aware of?  I imagine he should be declaring the income but that is a separate issue. I'd be happy to contribute to the difference in the council tax if it meant I was there legitimately and solved my problem with future mortgage applications etc. 

Can anyone advise on how to approach this without suggesting I move out!

Slithery

When the council find out that there is a self-contained annex they will band it for council tax separately from the main property. You will then be liable to pay back-dated council tax for the entire time that you've lived there.

A couple of recent threads covering the same situation...

https://forums.moneysavingexpert.com/discussion/6264633/annex-council-tax-landlord-dilemma

https://forums.moneysavingexpert.com/discussion/6264492/renting-a-basement-flat-council-tax-and-rent-offers

tomphoto

Thanks Slithery. Not encouraging reading unfortunately. I'm now thinking that I either have to make it legit by getting her to declare it a HMO and me the 'new' housemate, or to move out, register in my new abode and hope I'm not picked up for the non payment as I won't have an explanation of where I've been. I certainly don't want to land my LL in it as he would not be able to afford any fines/legal costs.

So, how to extricate myself!?

[Deleted User]

tomphoto said:

Thanks Slithery. Not encouraging reading unfortunately. I'm now thinking that I either have to make it legit by getting her to declare it a HMO and me the 'new' housemate, or to move out, register in my new abode and hope I'm not picked up for the non payment as I won't have an explanation of where I've been. I certainly don't want to land my LL in it as he would not be able to afford any fines/legal costs.

So, how to extricate myself!?

Where’s the HMO part coming into it? 

Is the annexe part of the landlord’s home or is it a completely separate dwelling? Have you checked to see if the annexe has its own council tax banding? 

Slithery

Move out ASAP. But that won't absolve you from any prior council tax liability, when they do find out you'll still be liable for all of the backdated tax for your time in the property.

The fine for not registering on the electoral roll if you are asked to do so and refuse is currently £1000 so your choices are register now and get your current LL in trouble, move out and register at your new place and hope no-one notices, or risk getting fined and get your LL in trouble.

TLDR, move.

tomphoto

Lover_of_Lycra said:

tomphoto said:

Thanks Slithery. Not encouraging reading unfortunately. I'm now thinking that I either have to make it legit by getting her to declare it a HMO and me the 'new' housemate, or to move out, register in my new abode and hope I'm not picked up for the non payment as I won't have an explanation of where I've been. I certainly don't want to land my LL in it as he would not be able to afford any fines/legal costs.

So, how to extricate myself!?

Where’s the HMO part coming into it? 

Is the annexe part of the landlord’s home or is it a completely separate dwelling? Have you checked to see if the annexe has its own council tax banding? 

Thanks for the responses, a sleepless night for me last night. I realised I'd been here 9 years!

When my LL divorced, he wanted to stay in the house so blocked up the door and rented the space to supplement his income. Previously it had been a large 'craft' room his wife and kids used. It now has it's own bathroom and kitchen which he installed to make it a self contained unit. So no, it won't be separately listed. The house is a large barn conversion by the way so my area is a big space I've enjoyed living in!

As per Slithery's suggestion I think I will move out when possible, register at my new place and hope nobody notices. If somebody does notice we'd both be in a lot of trouble as there is no fire alarm etc etc. Would the council check to ask where I've been all these years?

tomphoto

No it's not listed separately. The doorway was blocked up after the marriage broke down and then it was rented to me so it was previously just a room in the house. I don't even have a contract! He has always made me aware that we're operating under the radar and I've always been happy enough to go along with it because the rent is cheap but I (stupidly) hadn't realised the consequences if it was discovered, especially this far down the line. To be fair the subject has only come up a couple of times around census time for example.

He was a young daughter who lives at the house but she's under 18 so he will be claiming the 25% discount for sure.

It's been 9 years without detection so I'm sure there's no rush but I am considering buying in the near future so want to make sure I'm on the records for a mortgage application! Also the stress of this last couple of days means I'm not so happy about living here any more.

The fact that my LL has health and money issues, I don't think he'd be prepared to make it legit anyway.

diggingdude

tomphoto said:

I have an issue with my landlord and the electoral roll. I have lived here for a number of years now, it's an annexe to the main house with a doorway through to the house that remains closed. Rent is reasonable and all bills are included because there's no separate meter etc. The understanding has always been that I was there 'on the quiet' and we have a good relationship. I was happy with this arrangement as there was never any issue (although I realise there are legal issues) Additional info: My landlord has chronic health issues and is the only adult registered at the address.

Call me ignorant but I've only just realised that this is an issue for me in terms of getting a mortgage etc. I'd therefore like to register but don't want to bring up any problems for my landlord who as I have mentioned, has enough worries. I'd like to approach him to say that I'd like to register but want to fully understand the implications for him. Presumably it will mean the end of his single occupancy council tax discount but are there any other issues I need to be aware of?  I imagine he should be declaring the income but that is a separate issue. I'd be happy to contribute to the difference in the council tax if it meant I was there legitimately and solved my problem with future mortgage applications etc. 

Can anyone advise on how to approach this without suggesting I move out!

Could this not be your get out?  It isn't really a seperate dwelling and you have been paying no bills.  I would have thought your landlord is more at risk as he is probably claiming discount

tomphoto

diggingdude said:

tomphoto said:

I have an issue with my landlord and the electoral roll. I have lived here for a number of years now, it's an annexe to the main house with a doorway through to the house that remains closed. Rent is reasonable and all bills are included because there's no separate meter etc. The understanding has always been that I was there 'on the quiet' and we have a good relationship. I was happy with this arrangement as there was never any issue (although I realise there are legal issues) Additional info: My landlord has chronic health issues and is the only adult registered at the address.

Call me ignorant but I've only just realised that this is an issue for me in terms of getting a mortgage etc. I'd therefore like to register but don't want to bring up any problems for my landlord who as I have mentioned, has enough worries. I'd like to approach him to say that I'd like to register but want to fully understand the implications for him. Presumably it will mean the end of his single occupancy council tax discount but are there any other issues I need to be aware of?  I imagine he should be declaring the income but that is a separate issue. I'd be happy to contribute to the difference in the council tax if it meant I was there legitimately and solved my problem with future mortgage applications etc. 

Can anyone advise on how to approach this without suggesting I move out!

Could this not be your get out?  It isn't really a seperate dwelling and you have been paying no bills.  I would have thought your landlord is more at risk as he is probably claiming discount

Yes true, I could probably argue that if it came to it. That's why I suggested earlier that he could go legit by claiming I was a new housemate, losing his discount and declaring rent from now on but I'm not sure I could persuade him to do all that. I need to get on the Electoral Roll for a future mortgage application so I think my best bet is to move out, register at my new address and cross fingers that nobody looks into it.

diggingdude

Agreed I would be moving out. At some stage lenders are going to be asking where you have lived etc 

Wanderingpomm

How is this a HMO? Just register to vote