Complicated council tax query

[Hd1]

Hi,Â*
So I moved into a hotel 18 months ago approx. And rented a room with a shared kitchen (approx 5-10 other rooms shared 2 kitchens) on a 6 month tenancy. I rang the council to ask about council tax and was told I didn't have to pay it, also the reception staff said the same so I left it as that!
I then moved into a flat with the same hotel (which there is only one of) and have been there for 11months approx and haven't signed a new updated agreement. The manager of the hotel said someone was coming from the council recently and asked if I would be home (he said it was off the record and made out as if he didn't want them to know the flat existed!) This set off alarm bells and I started worrying about council tax, I rang the council and they said it is registered as a commercial property not a dwelling. It says in my tenancy I am responsible for council tax but after speaking to the council 3 times it sounds like the flat isn't registered, I would like to know if the council decide to bill the hotel would I be liable to pay any council tax?
Thanks in advance, sorry for the long post!

[lgfa92]

It's not a complicated issue as far as the council / valuation office are concerned so there shouldn't be any real issues with them getting it sorted correctly.

And rented a room with a shared kitchen (approx 5-10 other rooms shared 2 kitchens) on a 6 month tenancy.

If you only rent a room within a property then, unless the valuation office agency have individually banded the room, you are not liable as it would fall to be a council tax HMO. In a council tax HMO the landlord is liable for the council tax charge.

As a residential property it should be banded. If the valuation office agency (who are responsible for banding the property) determine that the individual rooms (rather than the whole property) should each have a council tax band then you will be chased for any council tax that becomes due.

[Hd1]

Thanks, I now live a different part of the building in a flat with my own kitchen, bathroom etc on a different floor of the hotel. but the council don't seem to know about it as they say the address isn't registered as having dwellings in it at all!Â*

[lgfa92]

Having worked/practiced in council tax for nearly 2 decades I can tell you this is far from uncommon.

You now occupy what is almost certainly a self contained unit for council tax purposes and therefore, barring any really unusual circumstances, it would be assigned its own council tax and you will be liable for the council tax charge.

[lgfa92]

In due course they'll advise the valuation office, the valuation office will assign the band and the council will then issue the council tax demand notice for payment.

[Hd1]

Ok thanks, so would you advise i ring the council again because when I spoke to them yesterday they said that I shouldn't be paying and seemed to leave it at that?Â*
Thanks

[lgfa92]

At the moment you shouldn't be as there's no banding on the property but once that's been assigned only then can bills be legally issued.

You need to either ask the council to report it to the valuation office or you need to contact the valuation office directly yourself.

[Hd1]

So you think it shouldn't be backdated once the flat has been assigned?

[lgfa92]

No.

Bills can only be issued once a band has firstly been assigned however the council tax band, and the subsequent bill, can be then backdated as far as required.