Definition of self contained?

Vanburnholdem

Hi
I have a tenancy 6 months assured shorthold rented.

I have a room with a bed, an en suite kitchen. That's it's. I have to walk down 2 flights of stairs to use the toilet/shower in a bathroom. This bathroom is shared with another household who also have a bedroom and kitchen but no shower. We are both on top floor.

The landlord/owner lives on the grnd floor. There are three self contained  flats between his flat and the two on the top floor that both have to share the wc/shower room.

On the valuation list there are 6 properties including my one and the other one on the top floor which as I say share bathroom facilities.

Thanks

Vanburnholdem

Has this been correctly listed. It has been the case since 2011. Just to be clear the two units on top floor have no toilet or washing facilities in either of them. @lincroft1710 ty

lincroft1710

This is not straightforward as the legislation is not specific as to what is self contained. It can be argued that your accommodation would have been (excuse the legalese) a single rateable hereditament under the General Rate Act 1967 and thus would qualify for its own CT band. 


You can appeal the fact that your accom has its own CT band and ask the Valuation Tribunal to determine the matter. If you are going to stay longer than 6 months, it may be worthwhile but no guarantee the VT would find in your favour. Also you would still be paying towards the CT as there would still be at least one property and you would be paying towards the CT in increased rent.

Vanburnholdem

Thanks very much. Unlikely to be reversed I think.

Another thing is the landlord is the council tax payer on the bill for my 'unit'. He does pay it as the rent has been adjusted to 'include Council tax". (It says in my tenancy agreement that ctax is included)

But it has occurred to me if this unit is banded for Council tax under liability rules then I should be on the bill. 

My fear is the landlord could in years to could say to the council I was not the occupier, i had a tenant in there! The council could then put the bill in my name & I'd be liable on the grounds that I am or was, the tenant in a self contained flat! 

Thank you for your help and support 

Vh

lincroft1710

The LL should not be paying the CT, you should.

MalMonroe

There is some information in this link -

https://www.gov.uk/guidance/understand-how-council-tax-bands-are-assessed

Under 'banding of houses in multiple occupation'.

What you are renting is not a self-contained flat because you have to share bathroom facilities.

If you are not clear about any of this, you can always check with your council.

lincroft1710

MalMonroe said:

There is some information in this link -

https://www.gov.uk/guidance/understand-how-council-tax-bands-are-assessed

Under 'banding of houses in multiple occupation'.

What you are renting is not a self-contained flat because you have to share bathroom facilities.

If you are not clear about any of this, you can always check with your council.

For the 4th time of telling it is the VOA not the council who decide the CT banding of dwellings.

If you had bothered to read properly the link you have quoted you would have seen


"HMOs with adapted letting rooms: Separately let rooms in a HMO may have been adapted, for example, so that they have their own kitchenette or separate shower/bath and WC. They will be given their own band even though may share some facilities. In making a decision, the VOA will look at the degree to which each part has been structurally altered". 

So it would appear the OP's flat has been correctly banded as a separate dwelling.

Vanburnholdem

Thanks to both for helping.

Yes I believe the separate banding of my unit is "correct" and any appeal will be unsuccessful (even though I share bathing and wc!)

Cheers