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  • HMO & Multi-Lets

    Valuation Agency back-dated CT room-by-room



    Hi, I am new to Property Tribes.  My ltd company sold an HMO about 8 months ago but out of the blue the Valuation Agency sent me a revaluation of Council Tax on a room by room basis backdated by about 18 months. 

    I have been getting nowhere with them and the council (Barnsley) recently issued me with a demand for back dated council tax. 

    The HMO was owned by my ltd company and the company has no assets and is being wound up.  Where do I stand I wonder?

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    The council can only bill on the banding decision made by the VOA. The VOA have decided, as they commonly do, that the rooms are sufficient to form an individual dwelling for council tax purposes. The charges can and will be backdated where required to correct the determination.

    Council Tax regulations specify who the owner is for the purposes of council tax, whether it is a HMO or not, but it depends if the properties were occupied or not at the point in time before an answer can be given,

    I get a quite a few HMO (ex-HMO) related queries and they can be a pain at times when trying to sort out the liability if the council won't co-operate. Usually I find that a quick letter for each of the dwellings laying out the liability (I usually spell it out by way of the legislation) and explaining the situation works with most councils.

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    Specialist Council Tax advisor (A.Inst.Pa) based in Gateshead, but working nationally for landlords and council tax payers.
    http://www.lgfa92.co.uk
    Posting as @CouncilTaxGuy on Twitter
    Why not look at our blog at http://www.lgfa92.co.uk/blog

    Any posts are my own opinion on legislation and may vary from your local authorities !


    The backdating is legal. You could go to the VOA with a regarding proposal which could also then be backdated which might limit your exposure but this will depend on the layout of the property.

    If the limited company was the owner and the landlord then they are liable for CT, not you personally and you need to write to the council about this. Once they bill the company then you would need to decide if the company had the ability to pay or whether it was insolvent
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Hi

    Thanks for the comment.  Mycompany does not have the ability to pay.

    Do I just ignore the council bills or should I communicate further do you think?

    Thanks and regards

    Chris


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