Council Tax

[confusedandworried1]

Hi, I am hoping someone will be able to offer me some advice.

 

I have been renting for the past year and a half.

 

 

The place we are living is on our landlords property (in their garden).

 

 

When we first moved in and signed the tenancy agreement

we were told that we did not have to pay council tax as the property

was on their land (eg exempt or that the council tax they pay would cover me too).

 

Turns out they were wrong.

 

The council have come to their house saying that they will need to pay council tax for the property.

 

 

I am now terrified that I am going to have to pay all of the council tax due

since we have been living here as on our tenancy agreement it states that I am liable.

 

Surely though if the landlords have not registered the property

and I have never received a bill then this shouldn't be the case?

 

I would think it extremely unfair that I would have to pay such a large sum,

possibly get into serious trouble with the council

and ruin my credit rating when none of this is my fault.

 

 

Has anyone been in a similar situation or know of any thing that would give me a leg to stand on?

 

Many Thanks

[unclebulgaria67]

Does this property have its own separate land registry record ?

 

How have the council come to their decision ? I think you need something official from the council, confirming the basis for this properties occupiers being liable for council tax.

 

Perhaps this property in the grounds was exempt from additional council tax while relatives of the main houses family were resident, but as soon as the house was let to tenants it became liable for council tax. It presume it would have been the legal responsibilty of the landlord to inform the council of the tenancy. The council carried out a regular check on the situation and found that the landlord had failed to notify the council.

 

Not sure about where liability for council tax rests here and suggest that you get a written explanation from the council, so you can obtain further advice. The council will have a complaints process, which you can follow and you can ask the LGO to review if necessary.

[f16]

Hi confusedandworried1. Welcome to CAG

I suspect that your thread may need "moving" to "Residential Lettings" for more advice.

I've "notified Site team" for you

Good luck F16

[f16]

I'm also wondering if "C and W" could also end up with Water rates invoice ?

 

If the building is classed as a separate unit from the landlords house.

Then I suspect that it will end up with it's own Water and Sewerage charge

[citizenB]

Thread moved to residential lettings and site team are aware of the thread.

[citizenkain]

I don't understand this,you say you were told by the landlord you didn't have to pay council tax and it says on your tenancy agreement you are liable?,you must have signed this so you are liable.

[confusedandworried1]

Thank you for all of your advice and for moving the thread to the appropriate place. We do not have water bills or sewage bills as it is all connected to the landlords house. We only pay for our electricity but that is also on a meter as that comes from their house too. Another reason why I am so confused! So worried about all of this.

[confusedandworried1]

Citizenkain- In the tenancy agreement it states: To pay all charges in respect of any electric, gas, water, telephonic and televisual services used at or supplied to the property and council tax or any property tax that might be charged.

When I was looking at moving in I asked how much the council tax was and they said that I did not have to pay anything as it is only charged to their personal house and as our house is on their property there would be no change/charge. It seems that they have not told the truth and have just not informed the council that the house is there. When they made us aware yesterday of the situation they said that they are trying to explain that it is a family annexe and they have only just let it out. But I know from when we moved in it was used as a holiday let.

Citizenkain I was wondering if I was unaware that council tax had to be paid am I to be held responsible for my landlords not telling the council.

 

Many Thanks

[mariner51]

So it is a 'granny' annexe, not an illegal garage conversion for migrants.

There is a strict liability hierarchy for payment of C Tax

1 Occupier/T

2 Owner/LL

However, in this case, I would expect the Council to hold your LL resp for back C Tax at least up to date they claim to have rented to a non-exempt T. As with HMRC, it is best to co-operate fully with Council and answer any questions truthfully.

If you remain, expect to pay assessed C Tax on annexe from now and reserve cash accordingly.

[f16]

confusedandworried1.

 

This is not your fault. ... So don't be "worried"

You were told that the "council tax" was"included" (exempt) in the rent agreed.

I agree with mariner51's post above.

It's the LL problem. ..... But maybe yours in the future if you stay.

kind regards f16

[raydetinu]

Has it got a separate address for post etc. separate meters?

Are you on the electoral register at what address?

Agree that you should be only liable for council tax from now on.

 

 

The owner may well have cough up business rates rather than council tax for the previous years if used a holiday let!

[citizenkain]

At the end of the day its your word against the landlords and you've got a tenancy agreement saying your responsible for any council tax,I personally think the landlord should at least half the council tax bill with you,but he probably wont,hes just gonna put you in the frame with the council after showing them his copy of the tenancy agreement,councils are notorious for chasing council tax money

[mariner51]

@ck, LL has already dug hole for himself by telling Cpuncil he only let annexes to non-exempt T 'recently'. yet OP has a TA showing T started ~18 months ago. Yes this would make OP liable for back C Tax but Council could 'accept' LLs claim and charge him full empty C Tax rate until date LL says he rented property.

OP prob has few assets, LL owns the property which Council could put a charge on and prob income for attachment of earnings Order.

Who is best to chase to get money? Too late for LL/OP separate if OP wants to avoid risk of conspiracy to commit fraud or similar accusation IMO.

[citizenkain]

they should chase the LL for it but councils have a nasty habit of chasing the wrong people