14:27 PM, 12th August 2013, About 11 years ago 26
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OK This is a complex one for all you experts out there. I rented a property on an AST contract. The property ‘cottage’ is a relatively large property by UK standards. Separate structure, fully self contained, kitchen, reception room(s) bed(s) bath(s). A superior property with a substantial rent and substantial deposit prepaid!
Let me start by saying I originate from outside of the EU area and am not familiar with UK housing law or relevant LA taxes or restrictions.
Given that…. I entered into the contract with the assumption what was being told to me was true.
The first inkling I had that a problem existed was when I tried to secure phone service to property, only to be told the property did not exist. At every turn I encountered the same problem. I needed to communicate with local council on the issue. That is when they checked their records and informed me the property I was renting was not properly registered and that it had to be valued and banded?? “Not your problem” they said… “you have done nothing wrong… he would have been caught at some point” Confused, I am trying to ascertain what is happening… all the while having to have my bank account, any official correspondence sent to a ‘care of’ address… being that mine did not exist in any database. So many hassles and instances too numerous to recount… suffice to say a huge pain in the a**
The local council advised me to say nothing to landlord/owner and it would get sorted… Not realizing “getting sorted” was creating a tax liability that up until the point of valuation did not exist.
So three months into the tenancy I receive a notice of NEW valuation and a council tax bill? I am informed that all separate self contained residential dwellings are subject to council tax! Aaah but I tell them I was informed mine was part of the larger property and per the landlord fell under the larger umbrella of the property ie: he paid it as it formed part of his property.
Not so they say… rules changed with council tax implementation in the 90’s
The council at this point are contesting the A band rating (rightly so I might add) given the considerable proportions of the property.
I speak with valuation office who inform me the property is rated A because it has a restrictive covenant a section 52 that lowers the value. They inform me the property should have being assessed Council Tax for the past twenty years but it somehow fell through the cracks… I asked what the restrictive covenant was and I was told to get the property file from the planning department.
Well that was sure an eye opener.. too many twists and turns to mention in this already lengthy post.
Bottom line there is a restrictive covenant that this property was allowed to be converted under the strict accordance with the section 52 provision, legal document signed by current owner/landlord. This restrictive covenant still in effect restricts the use of the building to ancillary use and family only occupancy. While for all intents and purpose it a self contained dwelling it is not allowed to be used as such outside of expressed use limitations… (my best explanation without quoting official legal text)
I am not the first ‘private” tenants to be in here, two prior that I know of but apparently they must not have been concerned abut having their services in their own name and registered to the individual property. I have no idea how this went undocumented for so long. It is my understanding that a B&B business was being ran from the overall property in the past!! Also not documented!
The final straw was when the owner presented me an electricity bill to pay on the property! It was listed as a business bill. It encompassed a time frame that I was not yet a tenant. I refused saying I needed more accurate accounting.
During the conversation (that became increasingly hostile on his part) I mentioned my unhappiness that I had been presented with a council tax bill and that was also not part of our agreement and I wished a rent credit for the newly formed liability. Unknown to me the local council and valuation office had failed to notify him of the the valuation and banding. I thought him being the owner (reasonable assumption on my part??) they would have informed him. But no…. I was the bearer of the bad news and now I am paying the price. He insulted me in front of my children calling me names such as “dishonest” and “underhanded” the hypocrisy defies belief!!
The harassment was upped considerably at this point. Actions which definitely fall within the scope of harassment.
These are wealthy people with assumed good standing in the community. The behaviour being displayed towards my family is outrageous.
I am assuming there is some form of illegality with regard to my contract. I am most concerned about my deposit. It is in a scheme but I am thinking the contract is null and void anyway and not sure where this leaves me and my family.
To say our ‘peaceful enjoyment’ of the property has been interrupted is an understatement to say the least.
What I find totally unacceptable is he is not liable for back taxes because the Valuation Agency only became aware of it upon my tenancy. The fact that he expressly ignored a legal requirement and profited from it means nothing. It is only valued an A band rating because of the restrictive covenant but the Valuation Office do not police the covenant, they only factor it in valuation, hence he has benefited from his dishonesty. This property is operated for commercial gain… if in fact he is allowed to flaunt the occupancy restriction surely the property should be valued at its income producing worth?
Many things do not make sense to me. The government is making severe cuts to the vulnerable in this country while an obvious abuse of the system and loss of much needed local revenue goes unchecked.
I in the meantime am in the middle of this mess.
It is an absolute nightmare.
What protections do my family have?
Regards
Mary Kane
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Mary Latham
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Sign Up18:05 PM, 14th August 2013, About 11 years ago
Reply to the comment left by "Mary " at "14/08/2013 - 17:15":
Absolutely not and I do not condone or excuse the behaviour of this landlord - I hope he gets what he deserves and I am only sorry that your family is suffering until that happens.
Your local Environmental Health Officer will take action against this landlord if you report that he has interrupted your utility services you do not need to pay or to take action yourself
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My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337
Mary
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Sign Up18:24 PM, 14th August 2013, About 11 years ago
Reply to the comment left by "Puzzler " at "14/08/2013 - 16:28":
Puzzler.
Yes Puzzler! ...I AM... contravening planning consent on the property! Admittedly although unwillingly and unknowingly so at first. Do you understand that I was not aware of the restriction prior to moving in?...Do you understand that I was not told the truth?..Do you think I am happy about this? I was duped!
Surely you do not expect every tenant to do a property records search before contracting on a property? I went through an agent...Yep shoot me for stupidly assuming there was legitimacy with regard to the property. Yep anyone can open shop as a real estate agent and spout all kinds of b/s with no regulatory authority..Yep they have no obligation to confirm what the Landlord tells them is the truth! Yep I've learned my lesson the hard way.
You refer to "promote an amicable outcome" Excuse me as I splatter my British Tea across the room trying to contain my hysterical laughter!
'bottom feeders' lowest of the low...
mike wilson
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Sign Up18:49 PM, 14th August 2013, About 11 years ago
Mary,
From your post:
Bottom line there is a restrictive covenant that this property was allowed to be converted under the strict accordance with the section 52 provision, legal document signed by current owner/landlord. This restrictive covenant still in effect restricts the use of the building to ancillary use and family only occupancy.
You may find it interesting to Google ancillary in respect of uk planning law. A basic one which gives you the idea is:
http://www.doineedplanningpermission.co.uk/forums/planning/ancillary-use/
The rule here is to understand that local planners can interpret the rules widely and frequently these rules change.
If your property history is correct then it is possible that the cottage was restricted to being let to family units as opposed to groups of unrelated farm workers and in the B&B business. That is NOT long stays.
One outcome could possibly be that the planners decide that its use - being rented to you 'long term' is ok IF the landlord makes an application to change the section 52 agreement. Again not your problem. I am sure that the council will extract some form of 'penalty' from the landlord. Again not your problem.
But if the council were to go down that route, suddenly your lease becomes legal. If it contains a clause where the landlord pays all taxes you simply pass the bill to him and show a copy of your now legal agreement to the council. (I would do this anyway - legal agreement or not)
Again I reiterate get advice and find out what way the wind is blowing in the council.
As to harassment keep your evidence, ensure you inform relevant authorities and best of all get a solicitor to write to the Landlord stating your position.
Finally as an example there are a lot of rural properties where local authorities have allowed a farmer to develop houses on their land in order to provide accommodation for farm workers. They allow the house to be built with a section 52 agreement restricting its use to farm employees. However some 'farmers' may take the view that the council may forget and they start renting the house out to commuters who pay a good return all year. Then some years later the farmer applies to remove the section 52 agreement because he no longer needs employees as he contracts out the work and suddenly the farmer has a valuable unrestricted property for sale ...
All by observation ....
Hope that helps your understanding of how planning law can work .... sometimes
Mary
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Sign Up19:56 PM, 14th August 2013, About 11 years ago
Reply to the comment left by "mike wilson" at "14/08/2013 - 18:49":
It is pretty much iron clad that this property will never have the restriction lifted. It was drafted as such that it could never be sold separately. The issue of renting to 'Joe Public' was raised several times and soundly shot down. You have to understand the 'gentlemen' in question expanded his dwelling capacity tremendously in other areas of the property. The concern of planning was always the increased occupancy he was creating. Due to environmental and infrastructure concerns such occupancy was not permitted and I can not determine that those limiting factors have changed. As I have learned from experience you can 'never say never'
Why would a Council make a concession to an individual that has so clearly given them the middle finger for years? He is hardly a sympathetic character but yes...you never know what connections he might have. I have been informed it would be most unlikely and I can assure you he will not be using my family as a 'sympathy' change of occupancy ploy...I care not if we have to leave sooner than intended.. I am writing letters to all the relevant agencies to outline my position.
At this point given what has taken place and how he has literally terrorized my kids, we will be relocating as soon as possible. Amicable I am not and I will make it my mission in life to ensure he does not profit further from this situation.
To you Mike...I am so impressed with your knowledge and understanding. I am sure your case must have differed somewhat in how you responded. Thank you for your input it is very much appreciated..
Puzzler
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Sign Up13:53 PM, 15th August 2013, About 11 years ago
Reply to the comment left by "mike wilson" at "14/08/2013 - 16:37":
Agreed, but even a granny flat is rated for council tax unless a dependent relative is in occupation so I am assuming this would fall in this category.
I think she is entitled to renegotiate her tenancy since it was based on false information, and probably can't be held to her side of it if she should choose to move.
Mary, I am sorry you have been harrassed and victimised - but you should restrict your actions to those which affect you directly not get between your landlord and the council (not least for your own sanity). Whilst it is not ideal, every home in this country which has had an extension should have had their council tax reassessed. And a lot of assessments are plainly wrong. However there simply aren't the resources to do it and I would bet a dollar to a cent that very few such people have actively notified their councils. In fact it would cost more than it would raise in revenue.
Mellisa Turner
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Sign Up8:54 AM, 20th August 2013, About 11 years ago
I am so sorry that your experience turned out to be such a mess. There are always some loopholes in the tax laws of a state but this experience is a word of caution for people like me.