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  • FIRST POST
    • skyfarmer
    • By skyfarmer 5th Feb 18, 5:40 PM
    • 7Posts
    • 2Thanks
    skyfarmer
    Council tax..new banding 7 years!!
    • #1
    • 5th Feb 18, 5:40 PM
    Council tax..new banding 7 years!! 5th Feb 18 at 5:40 PM
    Have been renting a ground floor flat/cottage on a farm for past 7 years. Landlady (now decd and farm in hands of trustees)
    My agreement with LL was council tax was included in rent,just pay for electricity.
    Long story short council started sniffing round when farm was put on the market..it has become apparent there was no planning or change of use for my cottage (it was used as a holiday let)
    2 weeks ago they sent out someone from the valuation office to band my place,and have placed it in band A.
    On Friday I recieved 7 council tax demands for the previous 7 years..totalling around 7 thousand pounds!
    Now it seems to me my dearly departed LL was "at it",and failed to notify council of full time tenants. Obviously tenant is resp. for debt despite the fact to me I have already paid in my rent.
    This place has never been banded until now,I have no worries about paying CT from date of banding but can they really charge me for 7 years??
    I thought the clock would start from banding date...
    Any help please??
Page 2
    • 00ec25
    • By 00ec25 5th Feb 18, 11:01 PM
    • 6,262 Posts
    • 5,783 Thanks
    00ec25
    You could write to the council stating it you had no intention of defrauding them with your agreement stating council tax was included in rent. ALso notify them when you registered on the electoral roll and state that if you were intentionally not paying council tax then you would not have registered on the electoral roll. If you are not on the electoral roll or registered your address with any local council services then it may look a bit suspicious
    Originally posted by Hoogle
    none of that is relevant, and indeed linking electoral roll with CT is simply misleading

    OP is legally liable to pay CT for the last 7 years
    • Tom99
    • By Tom99 6th Feb 18, 8:13 AM
    • 1,954 Posts
    • 1,289 Thanks
    Tom99
    Did you get any credit for the business rates that have been paid, if any?
    • AdrianC
    • By AdrianC 6th Feb 18, 8:26 AM
    • 17,199 Posts
    • 15,510 Thanks
    AdrianC
    Did you get any credit for the business rates that have been paid, if any?
    Originally posted by Tom99
    The OP has no claim on any credit. The LL's estate might have.
    • AnotherJoe
    • By AnotherJoe 6th Feb 18, 9:36 AM
    • 9,053 Posts
    • 9,946 Thanks
    AnotherJoe
    Are you just renting part of this place? Is part of it occupied by someone else, or otherwise not available to you? Is the CT demand for the whole place or just your portion?
    • lincroft1710
    • By lincroft1710 6th Feb 18, 3:16 PM
    • 10,601 Posts
    • 8,823 Thanks
    lincroft1710
    Do two things the first would be to claim against your landlords estate although the council will get involved in this the other is to appeal to the valuation office it is up to the council to bill you in a reasonable time scale
    Originally posted by Nicki71
    Little of this helps the OP.

    1. Claiming against the LL has already been mentioned several times and OP can only claim if there was actual mention in the tenancy of an amount included in rent for payment of CT (and even then if no figure was actually specified the estate may dispute it was the actual amount payable).

    2. The council will not get involved in a claim between the tenant and LL.

    3. The VOA are not involved in sending out CT bills. They are responsible for banding and the effective date of the band. As it has been banded Band A and the effective date appears to be the date the property was first used as a dwelling, an appeal would be pointless.

    4. The council sent out the bills fairly soon after being informed of the banding by the VOA. Therefore clearly within a reasonable time scale.
    Last edited by lincroft1710; 06-02-2018 at 3:24 PM.
    • CIS
    • By CIS 6th Feb 18, 8:51 PM
    • 10,410 Posts
    • 6,013 Thanks
    CIS
    I would also add that appealing to the Valuation Tribunal about the time taken for demand notices will get you nowhere other than an invalidity notice on the appeal as it does not fall within their remit. Any appeal of this nature would need to be to the High Court but to win it you'd have to show that the council had a ) a banded property ready for them to issue a notice for and b) they unreasonably delayed issuing the notice.
    I no longer work in Council Tax Recovery but instead as a self employed consultant. My views are my own reading of the law and you should always check with the local authority in question.
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