15 Jan 2016

A question about : Council Tax Annexe Discount Problem

I have just received a bill for a self-contained flat within my property which I have now occupied after my parents left on 15th March 2014.

I have just spoken to the Council Tax department trying to claim the Annexe Discount but was told that Calderdale do not offer this.

I was under the impression that the government has instructed all councils to offer this discount.

When you google 'annexe discount', lots of councils seem to be offering it, so why aren't all?

Citizens advice website says Discounts for family annexes: From 1 April 2014, local authorities must offer a 50 per cent discount on an annexe within a main property if the annexe is used by the occupiers of the main property or by their immediate family members, including parents and teenagers.

Has anyone managed to get their council to change their mind about offering it. If so, how did you do it ?

Here are some websites that mention this:

https://www.gov.uk/government/news/n...aying-together

https://www.gov.uk/government/upload...tation-_pr.pdf

https://www.adviceguide.org.uk/englan...fromcounciltax

Best answers:

  • And more evidence :
    https://offlinehbpl.hbpl.co.uk/NewsAt...0132977_en.pdf
  • The discount is not discretionary, if you meet the criteria they have to award it.
    https://www.legislation.gov.uk/uksi/2.../contents/made
  • I would suspect they have rejected it due to
    Quote:
  • There is no hard and fast description of what "using" an annexe means.
    In practice, if someone is sleeping there 3 nights a week or more, then that is clearly usage. Similarly, if there is regular use of kitchen facilities, or rooms are in use as a study, etc. then that should also count as usage.
    An annexe that does not meet these criteria is unlikely to be able to claim the discount. Certainly, if as you have said the annexe is currently empty pending renovation, then that is a reasonably clear case of non-usage.
    I suspect that the only way you'll get a clear answer is to appeal.
  • The council have told me that for the Annexe discount to apply, a family member has to be living in the annexe as their main residence, which is not what the regulations state. The residents of the main house can be using the annexe as part of the main house.
    Looks like I may have to go to the valuation tribunal if they don't see sense.
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