COUNCIL TAX ON STORED STATIC CARAVAN...help

orbracs

I moved into my home some 12 years ago where there is a static caravan in my garden. ( just in new forest) Its not lived in and been here for many years before I moved in. It doesnt have planning, but I have now been presented with a council tax bill from Jan 25  for it even though its ancillary to my home. This cant be right its only stored here?  Can anyone tell me the process involved. I have applied for a review with the VaIuation office Agency to have it removed. If anyone can help me I would be very appreciated. The hassle is getting to much. If anyone knows of a professional person then Im inclined to go down this avenue

Grumpy_chap

orbracs said:

I moved into my home some 12 years ago where there is a static caravan in my garden. ( just in new forest) Its not lived in and been here for many years before I moved in. It doesnt have planning, but I have now been presented with a council tax bill from Jan 25  for it even though its ancillary to my home. This cant be right its only stored here?  Can anyone tell me the process involved. I have applied for a review with the VaIuation office Agency to have it removed. If anyone can help me I would be very appreciated. The hassle is getting to much. If anyone knows of a professional person then Im inclined to go down this avenue

What, if anything, is the static caravan used for?
Is the static caravan connected to any services?  Electricity, gas, water, drains.

If you have a static caravan that has been stored (and not used for anything) for the past twelve years, and was stored for many years prior to that, then the condition of the static caravan has likely deteriorated to such an extent that the residual value is less than it would cost to relocate the static caravan to a site where it can be put to beneficial use.  If that is the case, why not break up the static caravan and dispose as scrap?  You may be able to sell some of the internal fitments using an online auction site.

anselld

Not sure the answer to the main question, but please be warned that the VOA are terribly slow.  It will take at least six months to get a response.
Did you get a notice from the VOA about the separate rating for the caravan?  The Council cannot just “present a bill” without the VOA creating a listing.   Was there no indication of an appeal process when the VOA notified the listing?
I fear the actual use of the caravan in practice is immaterial.  If it is theoretically capable of independent habitation then it will get listed.  ie it has kitchen and sanitation facilities.

orbracs

I got the bill from Council first some weeks ago.  Just received a letter from VOA with intention to charge me just after I posted this, in letterbox. The static isnt in badly condition but feel that is not the point. If it was they can still charge me. I do have the option of breaking it up. Lot of work. I need to know my legal standing before I contest this. I have found out that if its ancillary to your home and not lived in you shouldnt be charged. Anyone got solid legal advice? 

newsgroupmonkey_

NFDC are wotsits, but they've only put their part of the CT up 3% (my local Parish council have put their bit up 9%)

Sounds like they're looking for other ways to get their money. Probably worth having a chat with them and seeing why they think you should be paying them extra.

orbracs

Ive done this and was told its to late but can challenge it. I need someone who can help me through this process.

Jude57

orbracs said:

Ive done this and was told its to late but can challenge it. I need someone who can help me through this process.

The decision to include any dwelling in the Council Tax list is entirely up to the Valuation Office so it's them you need to be dealing with. The Council will continue to pursue you for payment until they are told officially by the Valuation Office that the property has been removed from the list. My advice, as a former Council Tax recovery officer, would be to pay the monthly instalments as billed while awaiting the outcome of the VOA review because the Council won't suspend recovery - unless your local Councillor can persuade them to do so. If you pay the instalments and the VOA ultimately remove the dwelling from the list, you'll get a refund but if the dwelling is not removed, you'll be up to date with what's due.

I wonder if @lincroft1710 has a view?

Grumpy_chap

orbracs said:

I got the bill from Council first some weeks ago.  Just received a letter from VOA with intention to charge me just after I posted this, in letterbox. The static isnt in badly condition but feel that is not the point. If it was they can still charge me. I do have the option of breaking it up. Lot of work. I need to know my legal standing before I contest this. I have found out that if its ancillary to your home and not lived in you shouldnt be charged. Anyone got solid legal advice? 

IANAL but I think the issue around being "ancillary to your home" is not solely whether it is lived in but also whether it is capable of being lived in.

A simple shed might be similar size to a small static caravan, but the way a shed is arranged would not normally indicate capable of being lived in.

A static caravan, however, is presumably arranged to include kitchen, living, sleeping and washing areas.  Static caravans often have chemical toilets so don't need a fully fledged sewer.  Cooking is often using LPG so no need for a piped gas supply.  While not ideal, electricity, water, and drainage from a sink can be rather informal and temporary arrangements but still function to a basic level of adequacy.  For these reasons a static caravan could be far more easily assessed as being capable of being lived in.

There might also be a difference between a static caravan stored in a garden for over-wintering but then sited on an approved site from spring through autumn rather than a static caravan stored in a garden and fixed for several years.

There has been a lot with Local Authorities tightening the rules around so called "Beds-in-Sheds" and the static caravan may have been assessed as a "Posh-Bed-in-Posh-Shed".

For "solid legal advice" you would need to consult a Solicitor.  Anything anyone says on these threads is only informal and friendly comment related to the situation.  Hopefully, someone may know more and can provide a more solid reference around the rules in force.

lincroft1710

It would seem the council have reported this to the VOA in the belief it is or can be used as a dwelling separate from the house (possibly an unfriendly neighbour has seen it an given the council erroneous/malicious info). Is it connected to mains water, drainage or electricity? What are you using it for? Can you check on the council's planning website to see if planning permission had be given for use as a standalone dwelling?


I'm ex VOA and would only separately assess a static where it was physically being used as a separate dwelling or if unoccupied where PP had been given for such use. If the static fitted into neither of these categories I would have treated it as ancillary accom for the house and reflected it in the house's CT band.


I don't think a solicitor will be able to help as they tend not to be familiar with CT legislation. There are a few specialists in CT legislation, but I personally don't know of any.

orbracs

Thank you all so much. Am I right in saying I can appeal to the VOA which can take up to 6 months and if Im not happy go to the Valuation Tribunal Service (VTS) after  but I have to go to them no more than 2 months after I hear from my appeal from VOA?

lincroft1710

orbracs said:

Thank you all so much. Am I right in saying I can appeal to the VOA which can take up to 6 months and if Im not happy go to the Valuation Tribunal Service (VTS) after  but I have to go to them no more than 2 months after I hear from my appeal from VOA?

If you answer some of the questions asked of you, we may be able to ascertain if you have a chance of the VOA settling the appeal without recourse to the VT