Council Tax -

Fire_Fox

I have successfully applied to have my council tax rebanded to an A, using the Nationwide house price calculator (£26K in 1991!) and comparisons with other flats in the locale (my block thousands cheaper than other band A flats). IMHO the entire block should be re-banded.

My neighbour has applied on the same grounds, using my letter as a template. He has been refused on the grounds that his flat is a two bedroom and so should remain B. This is incorrect information - all the flats (including mine) have one bedroom plus a office/ bedroom/ dining area off the living room. This is not a separate room as it has a sliding door, and I understand that legally it cannot be described as a bedroom by estate agents.

My neighbour has lived in the flat for seven years, so has only asked for a review and cannot normally appeal the decision. However the decision is based on wrong information (the flat is not two bedroom), and irrelevant information (the entire block sells cheap, irrespective of number of rooms). My neighbour is considering photographing the area - I have a copy of the my lease including plans which show the sliding doors and call the area "bedroom 2/ study".

What is the proper course of action to challenge this decision? Is it even possible?

lincroft1710

As your neighbour does not have right of appeal, no legal challenge can be made against decision of VOA. You say the "2nd bed" has sliding door separating it from lounge, I cannot see why it stops its use as a bedroom, your lease even describes it as such.

The only thing your neighbour can do is contact VOA and say "You have reduced Fire Fox's band and his/her flat is exactly same as mine, why won't you reduce mine similarly?"

The downsides of this are that VOA might say didn't realise yours was "2 bed" and shouldn't have been reduced and might even reinstate Band B, although they don't tend to take this course of action anymore.

Fire_Fox

I have been advised by estate agents that, although the area can obviously be used as a bedroom, it cannot be described as such for sales or letting. Hence the flats are sold/ offered for let as "one/ two bedroom" or "one bedroom with crash space" or similar. I am wondering now if it has something to do with the fact that there is not a proper fire door separating the living area/ kitchen area from this crash space?

The VOA have apparently told my neighbour that the two bedroom flats are band B, and the one bedroom flats band A - which is rubbish as mine is the only band A in the building and all the flats have this same layout tho my flat is slightly larger. :cool:

lincroft1710

At the end of the day for CT purposes, it is the 1991 value of the flats that is paramount, the flats are x sq m and have the potential for 2 beds or 1 bed + study, whether it can be described as such or not (and I'm not sure that EAs are correct in what they say).

If VOA have their underwear on the wrong way, let's hope they sort it without looking too closely at your band, especially as your flat is bigger.

Fire_Fox

There is no way of knowing the 1991 value as the flats were not developed until 2002. Presently this block remains one of the less desirable in Bradford city centre, as it's a fairly ugly building with poor communal areas located on a busy main road (working on this!).

Working backwards from my sale price using the Nationwide calculator suggests a 1991 value of £26K which, given that I paid £66K for a three bed cottage in a popular South Cambs village in 1995, doesn't seem unreasonable.

lincroft1710

1995 prices were around 25% lower than 1991. Nationwide and other house price calculators are notoriously inaccurate. I'm ex VOA and we used to compare hpc prices with those of actual sale prices (VOA gets details of virtually every property sale in country) and found them averaging 10 - 15% out. The worst I came across was 25% error, and this was on low price FTB homes.

I don't know Bradford, and I've only briefly done work in S Cambs, but VOA should be able to find suitable flats which sold in 1991 to make a useful comparison. From the description you've given, had your block existed in 91, I doubt that they would have sold for much above £40K, if even this figure, but £26K does seem low.

If you can find purpose built, 2 bed non council/HA flats at Band A, then this may help persuade VOA to review situation.