Council Tax

B

BIG_PLANS

Well-Known Member
Joined
30 Sep 2004
Messages
136
Location
Humber.
www.bluestarsurveys.co.uk
Have noticed several posts with regard to council tax on this forum. I have just been exempted by East Yorkshire council after an appeal through the Valuation's Office.

If anyone needs any help with fighting council tax please post and I will email details of our case.



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Well done! Mostly councils stopped troubling yacht marinas when the VO gave their rulings a few years back so we haven't been bothered, but I know you inland waterways liveaboards have can still have difficulty proving you're not residential.

What was the form of VO's ruling in your case, does it set any useful precedent?

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The ruling was based on not having any right of tendure. Our berth at a marina is only ours at the marina's discretion. The marina can change our berth or even chuck us off with little or no warning. I am trying to find the url from the voa site which gives examples of council tax liability, will post it when i've found it.

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From The VOA website

Example 3
A man lives on a motor cruiser with living accommodation on board. He rents a berth in a marina comprising a finger pontoon at right angles to the bank with water supply and sewage pump-out. The marina operator controls access to the site and reserves a continual right to move the boat from its << mooring>> . When the boat is absent, as it frequently is for weekends and holidays, and even though the boat owner pays rent continuously in order to reserve a berth at the site, the marina operator allows other boats to use the << mooring>> . Although the << mooring>> is virtually in permanent use and affords self-containment to any boat with living accommodation, the cruiser owner's occupation of the << mooring>> is non-exclusive and insufficiently permanent for him to be liable for Council Tax. The marina operator is in paramount occupation of the << mooring>> for the purposes of his business of running a marina. If the other boats which use the << mooring>> are also someone's sole or main residence, only the << mooring>> would be domestic property and subject to banding. The boat itself would not be included in the valuation. If the other boats which use the << mooring>> are not someone's sole or main residence or there is no way of knowing what their use would be, the << mooring>> will be non-domestic. If there are two or more such << moorings>> in the marina, all the << moorings>> and land under the control of the marina operator should be treated as one hereditament by virtue of the Multiple << Moorings>> Regulations. The marina operator will be in permanent occupation.

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That's the standard condition. A link to the relevant VOA practice note has been given many times on this forum, and is <A target="_blank" HREF=http://www.voa.gov.uk/instructions/chapters/council_tax/council_tax_man_pn/pn7.htm>HERE</A>.

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Don't you feel just a twinge of disappointment that you don't get a chance to pay a fair contribution towards the local police authority, fire and rescue, council facilities like schools and sports centres, maintenance of roads and paths, parks and gardens...................................................

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Good point. If I thought I was getting ANY benefit from local authority funded police, fire & rescue, education, social services, libraries, street maintenance, planning, parks, refuse disposal - or even a right to vote - it might be worth taking seriously. (I pay other taxes, so health is covered - plus incidentally, the greater part of local government spend which comes from central government grants).

A month ago the local 'fire & rescue' service declined to attend a sinking yacht in our marina, for no other reason than that they have no responsibility to us, either.
 
If it were just that it would be fine. But it's paying for all those beaurocrats with thier noses in the trough that gets my back up..... along with politicians in general. They conveniently seem to forget that it's not thier money that they're spending.

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Dont have any kids, so feel no need to pay for schools.
RFL pays for road use.
As mentioned above pay enough tax and NI for services.

You seem to have forgotten about the things we dont get, rubbish removal etc.

Also the rates paid for by the marina are I would imagine a large part of my mooring fees. Why should the marina pay rates and me pay council tax for the same floating pontoon

Did seem like the green eyed monster was starting to appear in your post.

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He didn't mention it because in marinas rubbish removal, like water and electricity, are privately provided and paid for through your dues. As a non-resident, you are not entitled to free use of a town's refuse disposal facilties. In my UK marina, even the police force is private!

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Kerrier Council, Corwall are demanding £1000 Council tax from me! I have sent them a copy of this webb page. I have put in an official appeal but the VOA office says it needs details of your case, date, council etc.. They are not being helpfull. One of the problems is because over a dozen yachties just pay up without complaint. Years ago I was in Brighton and no yachty paid Council Tax there. Can anyone help?
 
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