Often when you have converted properties into seperate dwellings, these issues do arise so you need to prove that there are still communal areas that are used

I don’t know if you can help, but I have been having some difficulties with Coventry City Council over council tax for a property from April 1994 to October 1995. I was on benefits and my council tax was paid by them, however another tenant that lived in the shared house owed monies from this period. As they cannot find him, or rather refuse to look for him, they are taking money from my benefit and have been for about two years now. I only found out when I recently got a letter of deductions and enquired as to why they were taking the money.

I have been in contact with CAB and following advice, I wrote a letter to the council tax, stating that firstly it was a case of HMO and also that I believe that I had actually moved from those premises by that time, however they are now saying that I need to prove this by way of a tenancy agreement, I thought that in the British judicial system, if they are taking money from me, then they should prove that I owe the money, instead of me having to prove that I don’t.

I suffer from mental and physical health problems, and as part of this my memory is an issue, so I don’t even remember the landlord companies name, though I know that the company no longer exists and the owner is now deceased, so obtaining any copy of a tenancy would not be possible.

Basically I need help. I have a 3 storey property that I used as 3 flats but the conversion does not meet building regs. The council came round in 2004 and classed it as 3 self cont flats for council tax purposes. this was rented out to 3 separate families each with their own council tax. In 2005 housing enforcement told me I had to bring it up to standard and licence it as a HMO and I did. However council tax continued to be charged as 3 flats. In 2009 flat 3 was rented out to a brother and sister and council tax declared it a hmo even no further adaptions on the basis they used it as bedsits. I did not authorise this and I got charged the council tax for flat 3 only and tenants for the other paid their council tax. In 2009 I asked why I was being charged as 3 flats when the house was a hmo. Nothing changed and they gave no viable reason. In September 2011 I had enough of the council so I decided that I would rent it as a single unit to one family. I arranged the tenancy agreement but now the council are saying it is still 3 flats and continue to charge. I have told them there is no building regs and no planning permission for conversion to flats but they still argue. I have no told them that they are going to make the current tenant homeless if this is not resolved. They have told the tenant that they are now liable for the council tax for all 3 flats. I explained that they cannot be liable but they dont want to listen so now I want to sell but wont be able to sell as 3 flats can you advise if they are acting within the law.

Thanks

Colin

All bedsits/studios let on seperate AST’s all inclusive apart from electrical coin meter in each room.

Was always paying one council tax in my own name but now local inspectors have left a card requesting details. They obviously want to try and split it.

Does anyone know if a licenced HMO woud have seperate council tax bills for each flat paid by the tenants or one for the whole house paid by me?

If it gets split the tax on the house would rise substantially unless I only took students. So counci would lose out if I only took students or gain if I only took working people.

I would prefer to keep it as one bill and pay it as more attractive to tenants to have it all incusive,

If anyone has an answer I would greatly appreciate it.

Many thanks