Back dated bill of £10,000 for unassessed rented property

[atendoftether]

Re: Back dated bill of £10,000 for unassessed rented property

I think the property is liable for council tax as you are not a dependant but a commercial tenant, however I would say that the Council should have allocated some of the amount as official error. As the question is could you have reasonably known that you were liable and is the backdating fair. I would argue not, they knew of the change in occupation as they had you on the electoral role and did nothing the error is mainly due to they incompetance rather than you failing to declare. incidentally it may have changed but I think you can claim council tax benefit to run concurrently with housing benefits. In the old days I don't know if it changed, a claim for HB was treated as both housing and council tax. As for housing benefit I am confused as to the talk of reasonable rent as if you are above the reference level for that type of property in that area you will get less although it sounds as if you pay a rent that is unlikely to be affected by this I assume the £500 is per month not week.
Get your local Councillor involved they still have some clout in this area good luck!

[justwondering]

Re: Back dated bill of £10,000 for unassessed rented property

Sorry to resurrect such a old post , but I am having a fairly similar situation , I found this post by googling , my post is over on moneysavingexpert and I wondered what the outcome was and if anyone had any comments on my similar situation :-

http://forums.moneysavingexpert.com/...0866#topofpage

I am happy to start a new post etc , but I thought it ran very much in line with this one as my situation is also with regards to a rented property with a 5.5k bill for back dated council tax....

Please accept my apologies for breaking any rules of the group , it is not my intention to cause a problem

[enaid]

Re: Back dated bill of £10,000 for unassessed rented property

You havent broken any rules it's just simply your post may get missed.
I would start a new thread and copy paste your post save writing it all out again.

[Sporting]

Re: Back dated bill of £10,000 for unassessed rented property

Separate unit of accommodation, regardless of content on tenancy will be shown as a separate chargeable dwelling.

However, I would have regard to the Encon case, which referred to a business rates property and the fact that the council were backdating the charge(goggle encon case). The council were aware of the property years ago, and the high court ruled that the council should have billed the taxpayer within a reasonable time.

So what would have been crucial in this case would have been whether the authority were previously aware of the annexe, and if they were, then you should have appealed to the valuation tribunal against the backdating of your charge, citing the encon case, and that the local authority (not just the council tax dept) knew about the annexe and should have billed you within a reasonable time.

Not having read the whole thread not sure if this has been mentioned before, so apologies if I have gone over old ground.

[lgfa92]

Re: Back dated bill of £10,000 for unassessed rented property

The problem with using Encon (a business rates case) is that situation has now been muddies as later cases have found that a delay doesn't always rule out being able to collect the monies when it comes to council tax (e,g Regentford v Thanet which was specifically about council tax) . This is partially due to the fact that the Business Rates regs place a tougher requirement on bills being issued in a timely manner than the council tax regs do.

Craig