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Council Tax Demands Unlawful?

In two roads in the Borough, out of the blue, about 20 Council Tax Demands have been sent to persons living under Licences to occupy a room in a larger building used as an HMO. Some going back into 3 financial years!To date, the freehold owner (Licensor) has paid all taxes and heating/lighting, etc with the Licence fee being inclusive.Most of the rooms are bare rooms with licencees having to share cooking facilities in a Kitchen in the basement of the 4-storey house. Rooms have shared bathrooms outside their room or some have a shower/WC inside the room but no Kitchen. The Licence states that a room may have to changed for another room on 24 hours notice. Access with a key for the owner (and his cleaner) is reserved. No food preparation or cooking is allowed in the room. The licencee must quit the building on 7 days notice. The house is registered with the Council as a Licensed HMO.The payment of Council Tax legislation (under Section 8 and Class C) displaces the normal liability of occupiers to pay Council Tax and the liability falls solely on the owner in premises such as this.This is very worrying as people would not have taken rooms if they had known that this would arise (wrongly!).It is believed that the Council Tax Demands are all unlawful.The Council staff claim that it is "nothing to do with the Council" at all and has arisen because of re-banding assessments carried out by the VOA earlier this year and advises that everyone must pay the (unlawful) Demands in full and then try to claim the money back by appealing to a Valauation Tribunal (which normally deals with mere Valuation comparables).However, it is the Council that is demanding these monies from persons who are by law not liable for them!This is a serious matter and Cllr. Yvonne Johnson, the Finance Portfolio Holder, has kindly agreed to investigate this and the legal issues that have been drawn to the Council's attention of which their staff seem oblivious.

Victor Mishiku ● 4882d46 Comments ● 4848d