Council Re-banding Query

foolsgold99

Hello,
after the latest MSE e-mail regarding council tax rebranding I completed a online appeal form for the Glasgow City Council Assessor. Mt circumstances are;

• Small one bedroomed flat bought from new currently band E
• Owned the flat for 4.5 years.
• Flat built in Dec 2004

My reason for re-banding are:

• Other much larger properties in the same street are lower band i.e. band D.
• GCC based the banding on the over inflated price given by the original developer.

Anyway I then very quickly received a letter back from GCC stating;

'I refer to your proposal dated 28/05/09 which did not arrive in this office until 28/05/09 ()

I regret that I am unable to accept your proposal as valid because it was not made within the period laid down by statute ()

If you disagree with my opinion however you may appeal to me in writing with 4 weeks of this date and should include reasons in support of your appeal........'

I didn't know there was a 'period laid down by statute. Any help would be great.


Thanks

lincroft1710

You have 6 months from date you first occupy property in which to make an appeal, so your proposal is clearly not valid and there is no point in appealing against their decision.

Although GCC Assessor should investigate band I would write saying you now realise proposal is invalid but you still want them to check band is correct. However if they say band is correct that is virtually end of the matter.

foolsgold99

Thanks for that. Seems a bit off though if I have been paying too much for all of those years.

foolsgold99

lincroft1710 wrote: »

You have 6 months from date you first occupy property in which to make an appeal, so your proposal is clearly not valid and there is no point in appealing against their decision.

Although GCC Assessor should investigate band I would write saying you now realise proposal is invalid but you still want them to check band is correct. However if they say band is correct that is virtually end of the matter.

Just watched Martin on GMTV. He was saying that people have been claiming back the overpaid council tax for x amount of years when the moved in. That must mean that they didn't apply within 6 months on becoming the council tax payer.

How does that work?

MSE_Martin

Hi folks this is all covered in the guide...

See the section on reclaiming on properties you've lived in over six months http://www.moneysavingexpert.com/reclaim/council-tax-bands-change

foolsgold99

Thanks Martin just as we speak I have sent an e-mail in reply to the letter I received from the assessor:

"Thank you for your e-mail re the above.

Your proposal is termed invalid, simply because it was not made within the time period laid down by statute,
ie within the first 6 months of becoming the tax payer.
A proposal lodged within the first 6 months is technically valid and that proposer has full rights of appeal.
By lodging your proposal outwith the 6 month period, your appeal is invalid due to time.
Should you wish to attend the Valuation Appeal Committee at a later date in connection with your appeal,
you would not be entitled to discuss the valuation of the property but rather the reasons for your late proposal,
ie why you did not lodge a proposal within 6 months of becoming the tax payer.

However, I would like to assure you that all appeals will be investigated thoroughly by the Assessor,
regardless of whether they are valid or invalid, and any errors in banding will be corrected.
I am currently in the process of investigating your appeal and hope to be in touch with you again shortly.

In the meantime, I will treat your e-mail as a formal response to my letter informing you that your
proposal is invalid and will add it to our system accordingly."

My council tax band is way too excessive relative to my wee flat so fingers crossed they do the right thing and change it.

lincroft1710

As I hoped, Assessor will investigate band in any case.

Requests for band reductions can be made outside time limit BUT the disadvantage is that if Assessor says no, then you cannot have matter determined by the independent Valuation Tribunal. If a valid appeal is made then the VT can determine the matter.