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Hello,
I found your site and joined because I could really do with some advice.
I am an artist, a painter. I used to work in east London. Early this year we had to move out from our studios when they were bought by a developer. Our ex-landlord thought he'd do some of us a good turn and brokered a deal with the developer: the developer could take some of us on in another building at a low rent , and so cover basic costs and keep squatters out.
So, in February 2014 I moved my materials to a space in an empty office building, with some other artists, in Holborn, belonging to this developer, who will demolish it and build a hotel there in march 2015.
I took the space for storage only, as i had to leave afterwards for work, and then throughout the summer to france for my son's birth.
When I got back there was a bill from the council for over 9000 pounds, along with earlier missives from the council asking for information.
I got in touch and explained that:
I had been away.
It is storage
That i conduct no business there.
That it was not, and is still not clear that I should pay rates.
That the building is awaiting imminent destruction and redevelopment.
That my contact is for 3 months renewable for 750 a month.
That I simply cannot afford to pay those kind of rates
The council, or rather privatised payment department, was very brusque and unsympathetic and said there was nothing to be done. I could not apply for small business relief as the space is too large.
They suggested I try the valuations office. I did, and was told the rate could not be modified.
I wrote the council an email, pointing out that councils could use their discretion to come to terms with particular situations (I have seen plenty of this online), and accompanying this email with a letter from the developer's manager, re-iterating it is storage, temporary, etc.
In spite of all this, the council responded with one email:
'Dear Sir
Thank you for your e-mail below.
Please note that the landlord has advised that you are liable for the Business Rates for this assessment, confirmed in the contract extension you supplied. We are obliged to charge occupied rates on the property as listed in the Valuation Office ratings list. We do not have the discretion to waive the charge for fine arts or any other usage.
Yours Faithfully'
Faced with this, and a final reminder bill, rejigging installment sums into a smaller time frame in a rather unorthodox way, that came soon afterwards with a sum of over 11,000 ( for rates up to april 2015).
So I moved out at the end of october. To limit damage.
And last week went by and picked up this summons.
What should I do?
What do I risk if I disappear? Can bailiffs be sent to my private home?
Should I go to the court and explain the intransigence of the council?
Do I stand a chance?
I have noticed my original contracts with the landlord state I may be liable for rates (leaving it ambiguous), but clearly state: 'the occupier does not have exclusive occupation of the premises and the landlord can re-enter without notice at any time for the purpose of running his business.'
To my mind, this clearly contradicts rateable tenancy: 'the occupation must be exclusive for the particular purposes of the occupier'.
It also obviates the fact that the business of these premises is the redevelopment, not the storage of some materials therein!
Furthermore, that is why it was never a viable studio, as painting is an intensely delicate and private work, and I cannot have the coming and going of surveyors etc.
However, if I can argue this, and if I do, I am going to run into issues with the landlord, as he presumably will become liable for the very same rates.
Ideally I would like to pay something to the council , but something equitable.
A painter downstairs got a knockdown rate, but his smaller and he was able to apply for small business rates relief.
I knew nothing of all this and went in very naively delighted at this temporary but convenient solution.
The hearing is on the 9 of december.
Any advice would be greatly appreciated.
Many thanks.
I found your site and joined because I could really do with some advice.
I am an artist, a painter. I used to work in east London. Early this year we had to move out from our studios when they were bought by a developer. Our ex-landlord thought he'd do some of us a good turn and brokered a deal with the developer: the developer could take some of us on in another building at a low rent , and so cover basic costs and keep squatters out.
So, in February 2014 I moved my materials to a space in an empty office building, with some other artists, in Holborn, belonging to this developer, who will demolish it and build a hotel there in march 2015.
I took the space for storage only, as i had to leave afterwards for work, and then throughout the summer to france for my son's birth.
When I got back there was a bill from the council for over 9000 pounds, along with earlier missives from the council asking for information.
I got in touch and explained that:
I had been away.
It is storage
That i conduct no business there.
That it was not, and is still not clear that I should pay rates.
That the building is awaiting imminent destruction and redevelopment.
That my contact is for 3 months renewable for 750 a month.
That I simply cannot afford to pay those kind of rates
The council, or rather privatised payment department, was very brusque and unsympathetic and said there was nothing to be done. I could not apply for small business relief as the space is too large.
They suggested I try the valuations office. I did, and was told the rate could not be modified.
I wrote the council an email, pointing out that councils could use their discretion to come to terms with particular situations (I have seen plenty of this online), and accompanying this email with a letter from the developer's manager, re-iterating it is storage, temporary, etc.
In spite of all this, the council responded with one email:
'Dear Sir
Thank you for your e-mail below.
Please note that the landlord has advised that you are liable for the Business Rates for this assessment, confirmed in the contract extension you supplied. We are obliged to charge occupied rates on the property as listed in the Valuation Office ratings list. We do not have the discretion to waive the charge for fine arts or any other usage.
Yours Faithfully'
Faced with this, and a final reminder bill, rejigging installment sums into a smaller time frame in a rather unorthodox way, that came soon afterwards with a sum of over 11,000 ( for rates up to april 2015).
So I moved out at the end of october. To limit damage.
And last week went by and picked up this summons.
What should I do?
What do I risk if I disappear? Can bailiffs be sent to my private home?
Should I go to the court and explain the intransigence of the council?
Do I stand a chance?
I have noticed my original contracts with the landlord state I may be liable for rates (leaving it ambiguous), but clearly state: 'the occupier does not have exclusive occupation of the premises and the landlord can re-enter without notice at any time for the purpose of running his business.'
To my mind, this clearly contradicts rateable tenancy: 'the occupation must be exclusive for the particular purposes of the occupier'.
It also obviates the fact that the business of these premises is the redevelopment, not the storage of some materials therein!
Furthermore, that is why it was never a viable studio, as painting is an intensely delicate and private work, and I cannot have the coming and going of surveyors etc.
However, if I can argue this, and if I do, I am going to run into issues with the landlord, as he presumably will become liable for the very same rates.
Ideally I would like to pay something to the council , but something equitable.
A painter downstairs got a knockdown rate, but his smaller and he was able to apply for small business rates relief.
I knew nothing of all this and went in very naively delighted at this temporary but convenient solution.
The hearing is on the 9 of december.
Any advice would be greatly appreciated.
Many thanks.
,
= good plot, Batman)
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