Pension credit annexe council tax

Rockferry70

Hi
This is probably a unique situation but I’m hopeful someone will know

I converted a separate double garage  into a gym/ yoga/ art studio which  I had planning for with the condition that it was NOT to be used as a separate property.
The council promptly decided to band it and I had to pay council tax for both the main house and the annexe. I appealed to no avail. My son now lives in  the annexe and pays the council tax.
I now get pension credit as I have retired and my state pension is my only income, but son is talking about moving out to live with his girlfriend.
Will the council make me pay for the annexe and will it be classed as a second home when I can’t sell it as one because of the planning restriction? 

Thank you 
Babs

marcia_

Rockferry70 said:

Hi
This is probably a unique situation but I’m hopeful someone will know

I converted a separate double garage  into a gym/ yoga/ art studio which  I had planning for with the condition that it was NOT to be used as a separate property.
The council promptly decided to band it and I had to pay council tax for both the main house and the annexe. I appealed to no avail. My son now lives in  the annexe and pays the council tax.
I now get pension credit as I have retired and my state pension is my only income, but son is talking about moving out to live with his girlfriend.
Will the council make me pay for the annexe and will it be classed as a second home when I can’t sell it as one because of the planning restriction? 

Thank you 
Babs

 Yes you will be liable for the council tax if your son moves out and it stays empty 

FlorayG

Does it have a kitchen and bathroom? If so then it really is a separate dwelling. You could ask the council if they will return it to being 'part of the house' if you remove the kitchen
Otherwise you may have to consider renting it out

Rockferry70

FloraG. Yes it does but I can’t rent it out, ( use it as separate dwelling) - planning says no 

I understand will be liable but because I’m on pension credit and have full council tax benefit on main house, where do I stand?

Rockferry70

To clarify, will I have to pay any council tax on the annexe? If they deem I’m not on enough pension to pay for the main house, how can they say I have to pay it on a building that’s on my property and unrentable/ unsellable?  Is this a legal argument or a council whim one? 

marcia_

Rockferry70 said:

To clarify, will I have to pay any council tax on the annexe? If they deem I’m not on enough pension to pay for the main house, how can they say I have to pay it on a building that’s on my property and unrentable/ unsellable?  Is this a legal argument or a council whim one? 

 In fact you might be charged double council tax if the annex is empty as it might be classed as a second home 

MeteredOut

Rockferry70 said:

To clarify, will I have to pay any council tax on the annexe? If they deem I’m not on enough pension to pay for the main house, how can they say I have to pay it on a building that’s on my property and unrentable/ unsellable?  Is this a legal argument or a council whim one? 

No-one here can tell you that; only your council can - they will have well defined rules, but these do vary by council. But, based on there being an existing charge, your default expectation should be that they will expect you to pay it.

If their rules mean that you do have to pay, they won't (and should not) take into account your ability to pay. Likewise, their rules will not necessarily take into account any planning conditions that mean you can't rent it out.

You may be able to eliminate the need to pay the second charge by changing the annex so that it is no longer regarded as a separate residence (ie. remove the kitchen/bathroom and whatever else it is that makes the council deem it as a second property).