Property Classification Review Request

Summary

The user is seeking to challenge the councils classification of their principal home as a dwelling without including it on the business rates list. They should gather evidence of domestic use, request a review from the council, and reference the Zhou v Osborne (2008) case, which emphasizes that intention alone does not change property classification without actual business activity.

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key points

Key Points of Zhou v Osborne (*) Case:
**Case:** Zhou v Osborne (*)
**Tribunal:** England and Wales Lands Tribunal
- Dr. Yan Zhou intended to use a room in her home for Chinese medicine practice.
- Signs and minor fittings installed in *; no business conducted.
- In *, Valuation Office reclassified the property as "office and premises" with a rateable value of £*,*.
- Dr. Zhou argued the room was used solely for domestic purposes until *.
- Tribunal allowed the appeal, recognizing the room's domestic use between * April * and * January *.
- Entry deleted from the * rating list.

arguable for domestic property

It seems you are referencing a case involving the classification of a property for rating purposes. Here's a summarized guidance based on the key points from the Zhou v Osborne (*) case:
- **Intention vs. Use:** The intention to use a room for business doesn't convert it from domestic use unless actively used for business.
- **Evidence of Use:** Minimal signs and fittings do not constitute business use without actual business activity.
- **Tribunal Decision:** The room was recognized as domestic use from * April * to * January *.
Do you need specific advice on how to argue your property’s classification?

domestic property

It seems you have an interest in property classification for rating purposes. Based on the Zhou v Osborne (*) case, here are some key points:
- **Intention vs. Use:** Merely intending to use a room for business does not change its classification from domestic to non-domestic without actual business activity.
- **Evidence of Use:** Signage and minor fittings alone are insufficient to prove business use.
- **Tribunal Decision:** The tribunal recognized the room as domestic use during the specified period.
Do you need specific advice on arguing your property's classification?

classification of domestic property not being a dwelling for council tax purpose

To determine if a property is classified as domestic for council tax purposes, several factors are considered:
- **Primary Use:** The property must be used wholly for living accommodation.
- **Evidence of Use:** Minimal signs or fittings for business purposes do not necessarily change its classification unless actual business activity occurs.
- **Tribunal Decisions:** Past cases like Zhou v Osborne (*) can influence interpretations, indicating that intention alone does not change classification.
Could you specify your property’s current use and any activities conducted there?

to be classed as dwelling needs to be included on non domestic list

To better assist you with your property classification issue, could you clarify the following:
- What is the primary use of the property currently?
- Are there any business activities being conducted on the property?

This will help provide more precise guidance based on relevant laws and past cases like Zhou v Osborne (*).

It seems you're looking for guidance on property classification for rating purposes, particularly distinguishing between domestic and non-domestic use. Based on Zhou v Osborne (*):
- **Primary Use:** The property must be wholly used for living accommodation to be classified as domestic.
- **Evidence of Use:** Minimal signs or fittings alone do not constitute business use without actual business activity.
- **Tribunal Influence:** Cases like Zhou v Osborne emphasize that intention alone doesn't change classification.
Could you clarify how the property is currently used?

principal home

Based on your situation involving the classification of your principal home, here are some key points derived from the Zhou v Osborne (*) case:
- **Primary Use:** The property must be used wholly for living accommodation to be classified as domestic.
- **Evidence of Use:** Minimal signs or fittings alone do not constitute business use without actual business activity.
- **Tribunal Decision:** Intention to use a room for business does not change its classification unless actively used for business.
Is your property currently being used solely as your principal home without any business activities?

yes

Thank you for providing detailed information. Based on the key points from the Zhou v Osborne (*) case, here are some important aspects to consider regarding the classification of your property:
- **Primary Use:** The property must be wholly used for living accommodation to be classified as domestic.
- **Evidence of Use:** Minimal signs or fittings alone do not constitute business use without actual business activity.
- **Tribunal Decision:** Intention to use a room for business does not change its classification unless actively used for business.
Since your property is used solely as your principal home without any business activities, it should be classified as domestic.
Do you need further assistance on this matter?

so how can council class my principle home as a dwelling without being included on the bussiness rates list

It seems the council has classified your principal home as a dwelling without including it on the business rates list. Here are some key points based on the Zhou v Osborne (*) case to help you understand and possibly challenge this classification:
- **Primary Use:** Your home must be used wholly for living accommodation to be classified as domestic.
- **Evidence of Use:** Minimal signs or fittings alone do not constitute business use without actual business activity.
- **Intention vs. Use:** Intention to use a room for business does not change its classification unless actively used for business.

Steps You Can Take:
*. **Provide Evidence of Domestic Use:** Gather evidence showing that your property is used solely as a living accommodation. This can include photographs, utility bills, and personal testimonies.
*. **Challenge the Classification:** Contact your local council and request a review of your property’s classification, presenting your evidence.
*. **Refer to Tribunal Decisions:** Mention the Zhou v Osborne (*) case to support your argument that intention alone does not change property classification.
Would you like further guidance on how to present your case to the council?

please

Certainly! Here are steps to present your case to the council effectively:

Steps to Challenge Property Classification:
*. **Gather Evidence of Domestic Use:**
- **Photographs:** Show the rooms being used for living purposes.
- **Utility Bills:** Demonstrate residential utility usage.
- **Personal Testimonies:** Include statements from family or neighbors confirming residential use.
*. **Request a Review:**
- **Formal Letter:** Write a detailed letter to your local council requesting a review of your property’s classification.
- **Attach Evidence:** Include all gathered evidence with your letter.
- **Reference Case:** Mention the Zhou v Osborne (*) case to support your argument.
*. **Cite Relevant Points from Zhou v Osborne (*):**
- **Primary Use:** Emphasize that your home is wholly used for living accommodation.
- **Evidence of Use:** Highlight that minimal signs or fittings do not constitute business use without actual business activity.
- **Intention vs. Use:** Argue that mere intention to use a room for business does not change its classification.

Sample Letter Template:
---
**[Your Name]**
**[Your Address]**
**[City, Postcode]**
**

continue this paragraph: **[City, Postcode]** **

Below are the questions that were asked and the answers the person gave:
I am FreeLawChat, and I provide legal assistance to help you with your legal issue. What is your name? Answer:
[Your Name]
Can you briefly explain your current legal issue? Answer:
The council has classified my principal home as a dwelling without including it on the business rates list.
---
**[Date]**
**Local Council Address**
**Dear [Council Officer's Name],**
I am writing to formally request a review of the classification of my property located at [Your Address]. The council has classified my principal home as a dwelling, but it has not been included on the business rates list. I believe this classification is incorrect based on the following points:
*. **Primary Use:** My property is wholly used for living accommodation and serves as my principal home.
*. **Evidence of Use:** There are no business activities conducted at my property. Please find attached photographs of the rooms being used for living purposes, utility bills demonstrating residential usage, and personal testimonies from family members and neighbors confirming its residential use.
*. **Reference to Zhou v Osborne (*) Case:** The case of Zhou v Osborne (*) highlights that the

domestic property used as principle home being charge council tax as a dwelling

Certainly! Here's a continuation of your letter template:
---
**[City, Postcode]**
**[Date]**
**[Council Office's Name]**
**[Council Office's Address]**
**[City, Postcode]**
Dear Sir/Madam,
I am writing to request a review of the classification of my property located at [Your Address]. My home is currently being charged council tax as a dwelling despite being used solely as my principal home with no business activities conducted on the premises.

Evidence of Domestic Use:
- **Photographs:** I have enclosed photographs showing the rooms being used for living purposes.
- **Utility Bills:** I have included copies of utility bills demonstrating residential utility usage.
- **Personal Testimonies:** Enclosed are statements from family and neighbors confirming the residential use of my property.

Reference to Zhou v Osborne (*):
I would like to draw your attention to the Zhou v Osborne (*) case, which outlines important principles for property classification:
- **Primary Use:** The property must be wholly used for living accommodation to be classified as domestic.
- **Evidence of Use:** Minimal signs or fittings alone do not constitute business use without actual business activity.
- **Intention vs. Use:** The intention to use a

continue this paragraph

room for business does not change its classification unless actively used for business.
Given these points, it is clear that my property should be classified as domestic, as it is used wholly for living accommodation and has no business activities.
Please review the enclosed evidence and reclassify my property accordingly. I look forward to your prompt response and resolution of this matter.
Yours faithfully,
[Your Name]

Property Classification Review Request

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