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Question

Council Tax (England) | Council Tax (Wales)

Should my three flats be banded separately?

22 Nov 2010 | 1 comment

I have a house that I split into 3 self contained flats. It is registered as a HMO so therefore I pay the council tax for the whole house.

The council have come onto me about the basement flat, they are saying it should be a separate entry to the house and have recommended band B (44 – 65K). When I protested and said it was a HMO they said if it was totally self contained (which it is with separate entrance) then it has to be charged separately. I’m not adverse to this for the following reasons:-

Years before I had the house it was bedsits but only now it’s split into flats

I have got my HMO license.

The remaining 2 flats are self contained but there is a shared front door and hallway. They both have there own individual front doors and kitchens/bathrooms.

So my gut feeling tells me I should go along with it and let the tenants pay the council tax for the basement.

Should I then try and keep the house under band E (123k – 162k) and pay that myself.

I would appreciate some advise. I obviously have to consider the issues that could come about if I eventually sell the house.

Answer

1 Comment

  1. guildy

    Hello

    The council (or more likely the valuation office) are quite right in that it must be banded separately. In addition, I don’t see you have any option about the other two flats too. As they are self contained then they will have to be banded separate.

    I am slightly confused as to how you have an HMO licence though. I accept if the conversion works don’t comply with building regs 1991 or later, the property will be an HMO, however, such an HMO (known as a section 257 HMO) does not fall under mandatory licensing. It is possible there is additional licensing in the area which might explain the licence but otherwise I think you should make enquiries about the licence and come back to us. It’s my view that you will be entitled to a refund of the licence fee and have the licence revoked from what you have described.

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