Incorrect C/Tax Registration, dodgy planning and a whole lot more

[bradfordexile]

I am a research student, and my partner is working. We live in the basement flat of a 3 storey building, which was advertised to us through the student union as a 2-bedroom self contained flat. However, the building is registered with the council as a 3 floor HMO, and the landlady informed us that she had received a council tax bill for the entire building after 7 months of the tenancy (in our contract it says we will pay any council tax incurred by the landlady over the course of the tenancy). My partner is the only non-student in the building, so only she is liable for c/tax - it was quite a bill.

Obviously, this seemed a bit dodgy, so we called the council, and they sent a surveyor round who said:

1) This place is self contained, so should have been registered as such with the council and hasn't been
2) The VOA wasn't aware that the place existed. There were no plans in their files.
3) If the landlady had got the required planning permission, the VOA would have known about it, so the chances are she hasn't obtained the correct planning permission (or any)
4) As a result of 1 and 3, she cannot legally rent it out.

However, the student union are still renting the place out, and the VOA are geared towards council tax, not licensing properties for rent, planning etc. Can anyone tell me what my rights are regarding the situation? If I have been renting an illegal dwelling, can I claim any rent back? Can I break the contract and refuse to pay any more rent - I want to get out of there asap if the place is unlicensed, and try and settle somewhere else.

Is this just a case of getting onto planning and kicking up a stink until someone does something, or is there anything else I can do?

[blacksheep1979]

Your best bet may be to say you want to leave and if allowed will overlook the dodgy planning permission issues which could ammount to a rather large fine.

[Joa]

bradford; which Uni are you at? Did you check out your SU advice service? Some union-based advice services are of a very high standard- they can help up to a county court/tribunal level.

[LittleMissSunshine]

Hi Bradford,

I am not sure if I can help you but have a similar sort of experience. The flat I rented was in a converted house (house split in two self contained flats). October last year we got a letter from the council that the house was an illegal conversion as the amount of space per flat was not enough to be legally livible for one/two persons. I went to the CAB and the council for advice. They basically said to me that I could stay and sit out my tenancy as it was a matter between the landlord and the council and dont worry (yeah right).

Unfortunately the landlord decided soon afterwards to try and get me out. Again I went back and the advice was, he cannot get you at, you can stay longer and even past your end term. He also has to provide with new accomodation or fair payment towards costs I have to make for moving out, if he continued to get me out of the place.

I managed to negotiate with the landlord and am now renting the whole house (is now converted back).

My best guess is that as now the council nows about the illegal conversion at your place (which it basically is) they will start hassling the landlady. Depending on the feedback from the council she might need to stop renting it as 3 flats and converted it back to one property. Or she has to claim it as 3 individual flats. My guess is than the council will come in to see if they are within the requirements for that.

I would keep paying the rent if I were you because that will keep you safest. Go to CAB and council for advice, ask what their plan is. Depending on how much you like the place and how much rent you can afford I think the option is

1) If you cannot pay more rent or want to stay, just move, but require payment from the landlady towards movement costs (after all you would not have moved if you would not have know about this)
2) If you can afford more rent and like the place, stay and see what happens. Write a letter to the landlady for clarification. If the council is going to persue it, eventually a letter from them will show up at your place stating what the plan is.

As you are through union, of course involve them and get advise from them. Make sure that they check the property as they basically send students to illegal places (my guess is that there are more houses on their list similar to yours, as in my case we had about 8 houses in my street alone).

Best of luck

I am not sure about claiming rent back as I myself have not considered this, but I will keep an eye on your post if you know more about this. I have been renting the property I live in for 3.5 years so if you can claim back it would be certainly of interest.

LMS