Step-by-Step Guide to Challenge Unfair Council Tax on Mobile Homes and Secure a Refund

Are You a Mobile Home Owner Unfairly Charged Council Tax?

If you own a mobile home in England or Wales, you’re likely paying council tax unjustly. Many mobile home owners are misclassified, resulting in unwarranted council tax demands. It’s time to take action, challenge this unfair charge, and reclaim your money!

Why Shouldn’t Mobile Homes Be Charged Council Tax?

Mobile homes often don’t meet the legal definition of a “dwelling” under the Local Government Finance Act 1992. Here’s why:

Mobility:

Mobile homes are designed to be moved and typically do not have permanent foundations. Unlike traditional homes, which are built into the ground, mobile homes are often placed on wheels with a “biscuit skirt” for aesthetic appearance. This allows them to be lifted by a crane onto a flatbed lorry and moved without any structural damage. Such mobility disqualifies them from being classified as dwellings that are permanently affixed to land.

Chattel Status:

Legally, mobile homes are classified as chattels (personal property) rather than real property. This classification is similar to motor vehicles, which are not subject to council tax. Mobile homes, being movable and not permanently affixed, do not meet the criteria of a hereditament—a property that would be included in the valuation list for council tax purposes.

Ownership and Tenancy:

Most mobile home owners pay site charges and do not hold freehold or leasehold interests that usually determine council tax liability. The Local Government Finance Act 1992 specifies that council tax liability falls on residents who are freeholders, leaseholders, or tenants. Since most mobile home owners do not fall into these categories, they should not be liable for council tax.

Your Rights Under the Law

The law supports your case. Legislation like the Mobile Homes Act 1983 and case law such as Jones v. Merton London Borough Council [2008] EWHC 452 emphasises the importance of a structure’s permanency in determining tax status. If your mobile home is being incorrectly taxed, you have a strong legal basis to challenge it.

Legal Framework:

Local Government Finance Act 1992, Section 3: Defines a dwelling and emphasizes that a hereditament must be a property built into the ground.
General Rate Act 1967, Section 115(1): Defines a hereditament.
Mobile Homes Act 1983: Supports the classification of mobile homes as chattels.

Case Law:

Jones v. Merton London Borough Council [2008] EWHC 452: This case emphasized the importance of a structure’s permanency in determining its tax status. It supports the argument that mobile homes without permanent foundations are not liable for council tax.
Field Place Caravan Park Ltd v Harding [1966] 2 QB 484: The judgment by Lord Denning MR underlines that for a chattel to be rateable, it must have a degree of permanence. Mobile homes without such permanence remain chattels. Held: Although a chattel is not a rateable hereditament by itself, it may become rateable together with land if it is placed on a piece of land and enjoyed with it in such circumstances and with such a degree of permanence that the chattel with the land can together be regarded as one unit of occupation. This case clarifies that unless a mobile home has a degree of permanence and is enjoyed with the land as one unit of occupation, it should not be considered rateable.

How You Can Challenge the Council Tax Demand

Here’s how you can take action:

Submit a Formal Challenge:

Write a formal letter to your local council outlining why your mobile home should not be liable for council tax. Highlight the mobility of your home, its classification as a chattel, and the lack of freehold or leasehold interest. Below is a detailed template you can use.

File a Freedom of Information Request (FOIR):

Request the council to provide detailed information on the basis of your council tax liability. This will strengthen your case by showing any lack of proper evidence.

Seek a Refund with Interest:

If the council cannot provide sufficient evidence of liability, demand a refund of all payments made, along with interest for the period they held your money unlawfully.

Ready to Reclaim Your Money? Get the Help You Need!

To assist you in this process, we’ve developed a comprehensive pack that includes:

Detailed Guide: Step-by-step instructions on how to challenge the council tax.
Template Letters: Pre-written letters you can customize and send to your local council.
Legal Resources: Access to relevant legislation and case law to support your claim.

Join the Movement

Thousands of mobile home owners are in the same boat. Join our community, share your story, and empower others to stand up against unfair council tax demands.

Get Started Today!

For a small fee, you can access our complete pack and start your challenge immediately. This fee helps cover our costs in creating and maintaining these resources, ensuring continuous support for mobile home owners like you.

Click Here to Purchase Your Challenge Pack and Reclaim Your Money!

Together, we can make a difference and ensure fair treatment for all mobile home owners. Don’t let unfair council tax demands go unchallenged. Act now and reclaim what’s rightfully yours!

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With kind thanks to:

Michael Hutchinson and Lynne Noble without who’s guidance this article and guide would not have been.

Disclaimer

The use of this guide and the provided templates is strictly for personal use. Redistribution or sharing of this material in any form is prohibited without explicit permission. This guide is designed to assist individual mobile home owners in challenging council tax demands and is not to be used for commercial purposes.