Business Rates and a de-listed property.

[CAERDON]

Apologies in advance; I just found this forum via google and I think this may be something people here can assist with.

 

My business has a lease on a shop in London. Lease commenced February 2012. The shop was previously larger (it is now approximately 1/3rd of the size it was) and changed class from restaurant to now just retail.

 

There was a previous tenant here for 12 months following the work. They went bust, and my business moved in. Since moving in a bill for business rates has never appeared. The last tenant did not pay anything either. Truth be told initially the business would have struggled to pay it in the early days, but business has grown and I now could as expected.

 

Everything else is paid up to date and for example the business paid the SDLT on the lease, its registered with land registry correctly.

 

It previously was shown as "delisted" on the VOA website. A rates surveyor I know looked into it and its now not shown on the VOA website as delisted; it does not exist under the postcode at all.

 

My questions are as follows;

 

My gut feeling is that whilst there has never been a bill, it is the sort of thing a council will one day notice and we will be hit with a backdated bill. The property has never been remeasured (there is now a duplex 2 bed flat where most of the previous property was). Can this happen in respect of the backdating?

 

Alternatively, can a rates surveyor be enlisted to agree it now and start paying it moving forward if the VOA/ council are approached and there is demonstrated willingness to pay, or will they likely say thanks for alerting us, here's a huge bill going backwards and now forwards for your honesty?

 

Or head in the sand until its discovered as they can't get us - I don't really see how it can be our "fault", as I said there has never been a bill, its never been measured, and according to the surveyor I spoke with the onus is not on us to tell them.

 

Apologies for the length of the above, if any of it is vague please let me know and thank you in advance for any help on this matter.

Edited September 7, 2013 by CAERDON