A CANCER survivor is locked in a bitter battle with his local council who are demanding he pay thousands of pounds of tax on his utility room because it has a “food preparation area”.
Andy Fields says a valuation officer visited his farmhouse in Tiverton in Devon and insisted the boot room was a separate dwelling because it has a sideboard and sink.
Andrew Fields in his utility room within the property[/caption]
The owners now face the possibility of having to pay out around £3,000[/caption]
Andy, who has survived cancer says he’s ‘skint’ and earns just £10 a day[/caption]
They also pointed to an outside toilet which Andy and wife Anja put in for beekeepers who use part of his 20 acre wildlife haven.
The former internet business owner, 61, has now been threatened with debt collectors over around £3,000 in current and backdated council tax.
Andy, who has contacted his local MP Rachel Gilmour over the issue, said: “The woman from the valuation office saw the house and I could tell it was envy, she thought, ‘he can afford it’.
“But I’m skint, I earn £10-a-day.
“It’s ridiculous, it’s not a separate dwelling, you have to go through my front door to get into it.
“The only food preparation we do there is for the birds and animals.
“I told her everyone around here has utility rooms and she said ‘give me their names and I will do them as well’.
“I told her that the utility room had existed for 150 years and she even suggested that they should backdate the payments for 150 years as well then.
“I couldn’t believe it.”
Andy said the decision could set a dangerous precedent for homes across Britain which have utility rooms attached to their homes.
After being diagnosed with head and neck cancer in 2018, Andy quit his internet business and temporarily set up the utility room to live in while he was ill so he could be close to the kitchen.
After beating the disease the couple briefly advertised it online for people to stay in despite it having no washing facilities.
Two years ago he converted the room, which has an upstairs storage area, back into a utility room for use in their house.
But he says someone working for the council spotted the B&B listing and he was hauled into a Valuation Office Agency hearing last December which he did not attend.
He was deemed to have lost the case and the council is now demanding he coughs up.
The plot, called Bradford Farm, was built in 1881 and is valued at around £1million.
It also has a children’s nursery onsite run by Nanny Bears, and has a bee keeping club.
Andy said that after beating cancer “you look at things a bit differently” and decided to turn his land into a nature reserve which now hosts otters, water voles and a nesting stork.
He added: “All I try and do is help and give back and be friendly.
“It’s utter lunacy that they are trying to charge me for this utility room.
How a property is deemed to be a dwelling
According to the government’s website, a property will be banded for council tax if it “qualifies to be a dwelling” – which is seen as a self-contained accommodation used as a home.
And to be classified as a dwelling, the local council will check to see if the property is either “habitable or capable of repair”.
It also adds: “If a property is occupied, it’s generally assumed to be habitable and the band will not be deleted, even if significant repair or renovation works are underway.”
In some circumstances a council tax band could be deleted.
This means the property will not have a council tax band and the taxpayer will not pay any council tax “until the property is entered into the list again following completion of work or service of a completion notice by the local authority.”
Check your Council Tax band in England and Wales or Scotland.
If you have any concerns regarding the assessment of your Council Tax band contact the VOA.
“I’m not going to pay, they can take me to court.
“The room shares heating, water, and electricity with the main house, so it doesn’t qualify as a separate dwelling.
“I’ve checked dozens of local new builds, and every one of them has utility rooms with food prep areas, an external door and even microwaves – none of which are taxed separately.
“If this approach becomes policy it could set a worrying national precedent, triggering a widespread backlash.”
A spokesperson for the Office of Rachel Gilmour MP said: “We are supporting our constituent in their complex casework.
“We are hoping for a speedy resolution which is able to let all parties move forward with clarity and a suitable settlement to this matter.”
A spokeswoman for the Valuation Office Agency told The Sun last night: “We can’t comment on individual cases.
“If a self-contained unit of a property is capable of being used as separate living accommodation it must be given its own Council Tax band.
“Customers can contact the VOA if they think part of their property has been banded incorrectly and we will review their case.
“If they are unhappy with our decision they can appeal to the independent Valuation Tribunal.”
Andy previously made headlines when he was embroiled in a row with a neighbour over a fence.
Andrew and Anja wanted to build a car park as they turned their farm into a nature reserve, but neighbours Michael and Sandra Blakemore opposed the move, saying the lights from cars using it would shine directly into their bedroom.
The Blakemores, of Bradford Barn, built a wooden fence which restricted Andy’s right of way but were later ordered to tear it down and pay compensation.
Andy says the decision could set a dangerous precedent for homes across Britain which have utility rooms attached to their homes[/caption]
The room was converted back into a utility room two years ago[/caption]
