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Overcharged on a RTB back in 1993

I am currently in dispute with Islington Council on the fact that they
sold a property to my mother (Under the RTB scheme ) in 1993 as a four bedroom and valued it as a four
bedroom ( they wrote the lease up incorrectly ) where in fact , it was
only a three bedroom ( I am now currently getting a deed of variation to
correct this ). It was discovered in 2007.

They may have over valued the property ( they accept this ) and I am trying to pursue reimbursement of the difference.

Although Islington accept this, they will not entertain any
reimbursement because they say they do not hold any records of property
value from that time and I need to produce evidence to support my case.

I need to find, how much a 3 bedroom property was in 1993 and the value of a four. Is this information available and how can I obtain it.

Would Poll or Council Tax store this information.

Can anyone please advise on any cause of action I can take to pursue this
matter.

Kind regards
«134

Comments

  • ILW
    ILW Posts: 18,333 Forumite
    Your mother agreed the price at the time and probabably got a big tax payer funded discount. Be grateful.
  • lincroft1710
    lincroft1710 Posts: 19,038 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 24 June 2009 at 5:56PM
    The Valuation Office Agency, who deal with banding of properties for Council Tax, have details of nearly every property sale in the country including those in 1993. However because of rules of confidentiality the information cannot be disclosed in circumstances such as yours and in any case where council property is sold it is the discounted price which is shown, not the valuation price.

    Had your mother disagreed with the valuation, then (certainly outside London, I'm not sure if it applies to houses in London Boroughs) it would have been part of VOA that carried out redetermination value.

    Your possible only option would be to employ a valuer to give you a 1993 valuation, but there are several drawbacks besides cost. He would have to be made aware of any tenant's improvements made at that time and any made after. As the valuation is for 16 years ago, how can its accuracy be guaranteed. It may be that you know of similar houses which IBC sold at same time, which you could quote.

    If the house was inspected when valued under RTB, then valuer may have realised it was 3 bed and valued accordingly.

    Final point - I am surprised IBC are even entertaining this as since this occurred over 6 years ago, I would have thought it would be statute barred regarding any compensation/reimbursement.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Please do not judge and make statements about tax payers money, serious moneysaving Fan?. What is meant by " be grateful" My mother and father worked hard all their lives, paid tax and paid rent on this property for over 30 years. Any discount ( which was minimal ) they had more than covered paying the rent. If you were lucky and could afford to buy and get a mortgage, good luck to you. My parents cold not. My mother is still at the property, now being there for over 40 years paying high service charges which I imagine would set most moaning. If a local authority gets something wrong, they should correct it. It's not about greed, it's the principle of the thing. PLEASE DO NOT JUDGE.
  • annberlin
    annberlin Posts: 79 Forumite
    :beer:This may not be of any help but 3 questions spring to mind(1) has your mother been paying council tax on a property in the correct band (2) The conveyencing solicitor may have negligent (3) is the property registered with the land registery as 3 or 4 bedrooms?
  • tara747
    tara747 Posts: 10,238 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ILW wrote: »
    Your mother agreed the price at the time and probabably got a big tax payer funded discount. Be grateful.

    I completely, completely agree. RTB was a huge mistake and has cost the country dear (in more ways than one). Who the hell thought it was a good idea??? Owning your own home is not a human right. The sell-off of social housing has deprived many others of a home. :(

    If your parents sold it they would make a huge profit - will they be giving that back to the council? Even the discount? :confused:

    Sorry if this isn't what you want to hear but there it is.
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  • theartfullodger
    theartfullodger Posts: 15,739 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your mother agreed the price at the time and probably got a big tax payer funded discount.
    Agreed.

    Incidentally, a recent survey (ROOF, Shelter's magazine, July/August2009) showed RTB discounts have dropped, on average, from 27% in 1997-8 to 11% in 2007-8 (England) & from 53% to 13% in London. So I guess mum got a big bung.

    Right2Buy was a scheme dreamed up by Conservative Politicians, implemented country-wide by Thatcher, to bride council-tenants and persuaded a surprising number to vote for Thatcher (funny that eh..). The money raised was not allowed to be used for new council housing.

    Common criticisms include (I'm quoting Wikipedia)
    The right-to-buy scheme has been criticised because, in areas where demand for housing exceeds supply, the stock of social housing was depleted faster than it was replaced; because speculating investors were able to buy up council properties through deferred transaction agreements, hastening the rise in property costs; because it involved commercially and socially valuable council assets being sold at below their market value or replacement cost; and because the remaining stock of council housing was concentrated in undesirable areas with little employment opportunity, further isolating and stigmatising the tenants.
    - and in central London & Islington in particular R2B has hugely reduced available social housing & made life even harder for decent working people on low wages.

    Cheers & best wishes to all, including those who disagree with me..

    Lodger
  • pawpurrs
    pawpurrs Posts: 3,910 Forumite
    1,000 Posts Combo Breaker
    Tell me why people should get a huge discount on property just because they paid rent (and a low rent at that?) At the taxpayers expense? And depriving low income familys of a chance to low rent?
    IMO RTB should never have been allowed, and those in council homes, should be reaccesed frequently to see if their criteria still remains, if it doesnt then, they should no longer have the right to remain in the property and it should be freed up for someone in greater need.
    Pawpurrs x ;)
  • ILW
    ILW Posts: 18,333 Forumite
    edited 25 June 2009 at 10:57AM
    about tax payers money, serious . What is meant by " be grateful" My mother and father worked hard all their lives, paid tax and paid rent on this property for over 30 years. PLEASE DO NOT JUDGE.

    I would suggest that they paid a subsidised rent for 30 years and then got a discount when they bought. I think you and they should be very, very grateful to all the taxpayers who have been forced to contribute whilst struggling to pay private rents or mortgages at the market rate.
  • sergio_pippo
    sergio_pippo Posts: 10 Forumite
    edited 25 June 2009 at 4:29PM
    I am sorry I asked.

    This was my first experience in participating in a forum and properly my last. I volunteer helping disadvantage families. I will inform them each that they should be grateful that they are being allowed to live because it is being funded by tax payers.

    I know all the arguments, for and against RTB. I only posted this problem of mine for advice, not to be stoned to death. I can't believe the bitterness, negativeness and the venomous comments it has received. I suppose being working class I should know my station. Do I need to apologise for being working class ?. I think judging others is wrong before you judge yourself.

    See you all later, I am of to sell the RTB and retire in the bahamas, flying out on my private jet.
  • pawpurrs
    pawpurrs Posts: 3,910 Forumite
    1,000 Posts Combo Breaker
    Hardly stoned to death? RTB is a contencious subject. And it amazes people that even despite the large discount your mum would have had, (and by the way I dont blame her for buying, any one in that postion would be mad not to, that does not make it a good scheme however) you are wanting years later to get more, despite the house probebley being worth a good deal more than she paid for it at a guess.
    Pawpurrs x ;)
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