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Council tax issues..

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Right. This is a little bit complicated and I don't fully understand it myself but I'll try to explain it as best I can.

We're looking at renting a house that is attatched to another house with internal doors that lead into one another and it's actually technically seen by the council as one big house. But the 'annex' is completely self contained.

 

The council tax is calculated for the entire property as one. So It would have to be split between the landlord and the tennants.

 

Now. Because I am severely disabled and my husband is my carer, we receive housing benefit and council tax benefit. We also receive income support on top of my disability benefits.

 

I'm wondering if anybody who works for the DWP or local authorities, if we would still be able to claim council tax benefit and housing benefit. The landlord said the best way to do things is to declare that him and his wife are lodging. But I don't see how that could work and wouldn't that affect our benefits?

 

It's a beautiful house and would be PERFECT if it wasn't for these complicated technicalities. So does anybody have any ideas?


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This might be in the wrong forum so I'll copy it over to a more apt one, mods you might want to delete this one.


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Right. This is a little bit complicated and I don't fully understand it myself but I'll try to explain it as best I can.

We're looking at renting a house that is attatched to another house with internal doors that lead into one another and it's actually technically seen by the council as one big house. But the 'annex' is completely self contained.

 

The council tax is calculated for the entire property as one. So It would have to be split between the landlord and the tennants.

 

Now. Because I am severely disabled and my husband is my carer, we receive housing benefit and council tax benefit. We also receive income support on top of my disability benefits.

 

I'm wondering if anybody who works for the DWP or local authorities, if we would still be able to claim council tax benefit and housing benefit. The landlord said the best way to do things is to declare that him and his wife are lodging. But I don't see how that could work and wouldn't that affect our benefits?

 

It's a beautiful house and would be PERFECT if it wasn't for these complicated technicalities. So does anybody have any ideas?


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Bump..


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1 hour for a bump...?

 

Anyway - sounds like a lodging situation to me in any event to be honest!


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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1 hour for a bump...?

 

Anyway - sounds like a lodging situation to me in any event to be honest!

 

That's not very helpful.... we have to make a decision today hence the hasty 'bump'.


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How so? Its clearly a lodger situation as its part of the same property.

 

A 1 hour bump is poor forum etiquette, irrespective of the urgency.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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If it is all one building with doors between rooms, then it is one building for council tax. If the doors were bricked up and plastered over making a permemnat division, it could then be reassessed.

 

The landlord wants to be called a lodger? I know what I would call him, and it certainly isn't a lodger.

 

Walk away and find a 'normal' place to live.

 

ps... I would have posted this yesterday, but when I saw the 'bump' I decided to wait an extra day. Sorry, but I am with Mr shed on etiquette.

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Sorry I've been going through some mental health issues so my head's all over the place at the moment. We spoke to the land lord today. Really nice bloke. Him and his wife have lived there for 30 years but now thei kids are grown up they have boarded up one side of the house and made it into 2 houses, sort of (the doorways can be 'unboarded' up to make one big house again).

 

It seems that we would be classed as lodgers, technically. My husband is on the phone to the council now to find out where we stand.


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How so? Its clearly a lodger situation as its part of the same property.

 

A 1 hour bump is poor forum etiquette, irrespective of the urgency.

 

Sorry I misunderstood.


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lol they just kept repeating over and over "If it's rated seperately it shouldn't be a problem".... It's iffy..


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If you are lodgers, then you become jointly liable for the council tax.

 

As such, a proportion of your benefit should be payable surely?


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I'm just really uncertain as to what we'd be eligible for. With the landlords being classed as 'living with us' or rather us 'living with them' I have no idea if we'd still be eligible for housing benefit or income support.


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A lodger is entitled to receive HB (or more appropriately Local Housing Allowance).

 

The council tax doesnt matter "who is living with who" it only matters that if you are listed as an occupier, you are jointly liable for C Tax, and hence your CT benefit should be applied I would have thought.

 

As for income support, I cant see that this would be affected.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Do you know if we would still be able to get housing benefit if we aren't receiving CT benefit? I apologise for being ignorant but this is really worrying me.


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But as mentioned, why wouldnt you get CT benefit?

 

In any event, as far as I am aware (although benefits isnt my area), the two benefits are totally independant.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I am not sure that the Council are correct in claiming that this is all one property. Take a look at this link - http://www.voa.gov.uk/publications/public_fact_sheets/self-contained-units.html

 

I've taken a look at some of the Council Tax and CTB procedures available on our intranet and couldn't find anything on lodgers. So, I did a wider google search and it seems that lodgers are not liable for Council Tax. This is because a resident owner is at the top of the liability hierarchy. Also a lodger can't be held jointly liable because people jointly liable must be at the same point of the liability hierarchy such as joint owners or joint tenants.

 

However, a landlord could include a proportion of the Council Tax in your rent. You would not be able to claim CTB for this as only people liable for CT can claim. But it looks like this charge would come under Housing Benefit as:

 

Bracknell Forest Council state "If a landlord and lodger or boarder share the property, the landlord will receive the bill and be able to claim Council Tax Benefit. However, if some of the charge is passed on to the lodger or boarder as a rent increase, he or she may be entitled to more Housing Benefit."

 

There is very little info out there on lodgers and Council Tax it's mostly about someone on benefits taking in a lodger or the loss of the single person discount.

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Does anybody know. If for some reason we weren't awarded any kind of housing benefit, would our income support payments or child tax credits be inceased to make up the difference?


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I cant see why as these are not benefits linked to housing.

 

I dont see why you feel you wouldnt get HB though.

 

This discussion is probably exiting the remit of this section of the forum though, and should perhaps be reposted in the benefits section.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi,

sorry to cross post but I really didn't know which board to post on.

http://www.consumeractiongroup.co.uk/forum/showthread.php?280049-Council-tax-issues-with-rental-property..(1-Viewing)-nbsp

Right. This is a little bit complicated and I don't fully understand it myself but I'll try to explain it as best I can.

We're looking at renting a house that is attatched to another house with internal doors that lead into one another and it's actually technically seen by the council as one big house. But the 'annex' is completely self contained.

 

The council tax is banded for the entire property as one. So It would have to be split between the landlord and the tennants.

 

Now. Because I am severely disabled and my husband is my carer, we receive housing benefit and council tax benefit. We also receive income support on top of my disability benefits.

 

I'm wondering if anybody who works for the DWP or local authorities, if we would still be able to claim council tax benefit and housing benefit. The landlord said the best way to do things is to declare that him and his wife are lodging. But I don't see how that could work and wouldn't that affect our benefits?

 

It's a beautiful house and would be PERFECT if it wasn't for these complicated technicalities. So does anybody have any ideas?

 

ALSO - if we weren't eligible for housing benefit, would our income support or child tax credits be increased to make up the difference?


If I have been helpful in any way, please tip my scales :lol:

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Anybody?


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I agree with Mr Shed. If you are on benefits then I don't see any reason why you would not get HB/LHA. The only reason you would not get it is if your income is too high. Other benefits would never be increased to cover housing costs - if you are entitled to money for this you will receive HB/LHA.

 

It may be a good idea to contact Shelter on this one as I think you need a bit more expert advice than we can give on here.

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Thank you all.


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Living in this property would not effect your Income Support at all you would just have to complete a Change of Address if you moved in. I dont know how housing benefit would work your entitement out but still being on IS you should still get full housing benefit

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Living in this property would not effect your Income Support at all you would just have to complete a Change of Address if you moved in. I dont know how housing benefit would work your entitement out but still being on IS you should still get full housing benefit

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