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Showing content with the highest reputation on 03/02/17 in all areas

  1. If the property was used as a residential dwelling then it should not be rated for business rates, it should be banded for council tax. The valuation office can backdate the start of a council tax banding in order to update the council tax list. I suspect there's a hole can of worms to be opened here. What I suspect is happening is that it has never been banded for council tax, they have been given your name and so they have proceeded with the property as a non-domestic case. You need to contact them and advise that the property was domestic for the period in question and it should then proceed from there. Whether you're then liable for council tax depends partly on the valuation office - if the property has been treat as one dwelling and the 'flats' have not been banded individually then the property would be a council tax HMO and the landlord would be liable. If the 'flat' was regarded as a dwelling in it's own right then you would be liable with a possible student exemption. When the original liability order (and supporting docs) were issued they only needed to be sent to the last known address to be served correctly. The court will grant the liability order based on the summons and this confirms the monies are due in the eyes of the law. For business rates there is no formal route of liability appeal as there is with council tax and the council call the shots a lot more - the better news is that if the valuation office agency remove a property from the council tax list then it cannot be a non-domestic property for the same time period. To dispute a business rates liability order can involve a high court appeal. You can appeal to the valuation tribunal on the basis of valuation and whether or not a property is a domestic dwelling - this would, if successful, remove business rates listing and shift it to council tax. The Local Government Ombudsman is not a binding party - they can only make a recommendation. They cannot get involved in matters requiring interpretation or application of legislation - it sounds like the council have , based on the information held, proceeded correctly so far so there is no failing on their part in that respect (not yet, anyway) to be looked at. Craig
    1 point
  2. The Immigration Rules say: 3.6.1 Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold: (DLA...) 3.6.4 The applicant will not need to meet the minimum income threshold. Instead, the applicant is required to demonstrate that they will be adequately maintained without recourse to public funds. Although it is clear that there is an exemption to the income threshold, which I understand to be the original question, you will have to show that you will be adequately maintained without recourse to public funds.
    1 point
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