katelee17 Posted August 18, 2014 Report Share Posted August 18, 2014 Hi, I am new to this forum but looking for some advice! I am a resident landlord and let-out a large bedroom in my house that has access to shower room and very small kitchenette area. I have recently taken a new lodger who is in receipt of housing benefit. As part of this process i have now received a letter from the council as they are coming to inspect my property, with a view to classing the room I let out as self contained - and therefore liable for its own Council Tax. My query is this, should this be assessed as requiring seperate Council Tax - will I have to pay 'back' council tax in this room. I have rented it for a couple of years? Also my further question is this, I am not really sure on what tenancy agreement I should be operating this under. I have always assumed this is rent-a-room type agreement, so house-share but I'm guessing it may be 'Occupier with basic protection'. If this is the case can anyone recommend where I get a suitable tenancy agreement from? Many thanks Kate Link to comment Share on other sites More sharing options...
Melboy Posted August 18, 2014 Report Share Posted August 18, 2014 I can answer the first part of your question Kate................... If you have an area of a property that has separate kitchen facilities and bathing facilities then the Council can classify that part of the house as eligible for additional council tax payable. Can they claim back tax? yes, if they are aware of it. Link to comment Share on other sites More sharing options...
Richlist Posted August 18, 2014 Report Share Posted August 18, 2014 But surely Kate.... the kichenette & shower room were only installed prior to this tenant taking up residence ? I'd be concerned about potential breaches to planning & building control. Link to comment Share on other sites More sharing options...
Mortitia Posted August 19, 2014 Report Share Posted August 19, 2014 You should be letting on a lodger agreement if you live in the property and the let part is accessed via your home. Lodgers have very little right of tenure - which may be a blessing - have a look at lodger websites and shelter do quite a good agreement. Richlist- since when did you need planning and or regs to install a kitchen and shower? Link to comment Share on other sites More sharing options...
Richlist Posted August 19, 2014 Report Share Posted August 19, 2014 My understanding is that if you want to divide off part of your house for use as a separate home ( eg a self contained flat or bedsit) you do need to apply for planning permission. Link to comment Share on other sites More sharing options...
Mortitia Posted August 19, 2014 Report Share Posted August 19, 2014 I think the words 'self contained' are key here. OP states she is 'letting out a large bedroom in her house with access to .......' this does not sound self contained which is why I suggested a lodger let. We need her to confirm that. Another point is that council tax is set by the Inland Revenue and not the council though they may ask for an update I suppose. Link to comment Share on other sites More sharing options...
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