Council tax, wrong Banding

Treadmill

I found out today that VOA had my House down as Detached,three floors, 5 Bedrooms, Double garage, when in fact it is a semi with two floors, 4 bedrooms and single garage.

I live on a new build development and the bloke at VOA explained to me the houses are valued for council tax from the drawings and plot, it seems that Persimmon changed the plans of the site. The house that should have stood where mine is much more expensive so I incurred a higher band, it came to light when I checked on the VOA website and noticed the identical house next door to mine is a C and I'm band E, the house design that my house was valued on elswhere in the development is an E

My question is this, I don't strictly meet the criteria for re-banding as I've been the council tax payer for over six months, but about a year ago I did ring up to query it, funnily enough not because I thought it was wrong, I had no way of comparing at the time as no houses where listed on the VOA site because the development is new, I just rang as a matter of course to see if I could strike lucky, I've got a letter dated 2008 in reply to my query but never made a proposal at that time... anyway I digress do I have a case ?

I cant see how the banding can be enforced when its for the wrong house but the rules seem to state it might be enforced due to me being the tax payer for over 6 months and no other criteria applying.

The man at the VOA said I would not have to do a proposal and that it was being investigated and I would get a letter in a couple of weeks.

The funny thing is I'm always banging on about wrongly banded houses to everyone I know, but no one has been re-banded so far, and, my own complacency might have led to me paying a higher band, E instead of C, the difference is nearly 500 Quid. I could live with the band as it was and have paid comfortably for a year but I would be gutted if I had to keep on paying even though it if it was wrong

My other thought, if I am barred as a council tax payer for more than six months in proposing a rebanding, could I switch tax payer to my wife and have her try ?

CIS

You and your wife are jointly liable for any council tax due on the property (and under the council tax legislation should both be shown as such on the bill) so in effect you are both legally the council tax payer which ever way you try to swap it between yourself and your wife.

naijapower

You can still complain about the banding error irrespective of this 6 months issue. You have a valid cos of the comparables you have mentioned which serve as evidence

Treadmill

CIS wrote: »

You and your wife are jointly liable for any council tax due on the property (and under the council tax legislation should both be shown as such on the bill) so in effect you are both legally the council tax payer which ever way you try to swap it between yourself and your wife.

Forgot to mention, my wifes been a Student for the last four years so is not currently a council tax payer, so she is not on the bill.

CIS

In which case as long as she is a disregarded student then she cannot be the liable person and you would remain so - once she stops being a student then my earlier post is applicable.

TighterThanTwoCoatsOfPain

just bang in an appeal... I would wager you will be successful... Over 6 years or not, its their !!!! up not yours so wouldnt imagine they'll penalise you.

I had a very similiar affair that i dealt with on behalf of the MIL and got it backdated to year dot with a 3.5k cheque. (it took them nearly 4 months though)

lincroft1710

If you have been in house longer than 6 months DO NOT SUBMIT APPEAL, it will get bounced as invalid and involve unnecessary paperwork and time spent on invalidity issue instead of investigating your band.

Write referring to your conversation with VOA staff member and quote that they agreed to investigate this asap as they have clearly made a mistake.

TighterThanTwoCoatsOfPain

lincroft1710 wrote: »

If you have been in house longer than 6 months DO NOT SUBMIT APPEAL, it will get bounced as invalid and involve unnecessary paperwork and time spent on invalidity issue instead of investigating your band.

Write referring to your conversation with VOA staff member and quote that they agreed to investigate this asap as they have clearly made a mistake.

or, appeal and write that in the supporting section like i did..

As i said above, myself and hundred of people on this site have gone through the normal appeal channels well over 6 months (the MIL hadnt moved since the late 70s) and successfull got a result.

lincroft1710

Statutory Instruments, 2009 No. 2270 The Council Tax (Alteration of Lists and Appeals) (England) Regulations.


(4) A person who on any day during the period in which a list is in force becomes the taxpayer in respect of a particular dwelling shown in the list may, subject to paragraph (5), make a proposal for the alteration of the list in respect of that dwelling where—
(a) he has not during that period previously been the taxpayer in respect of that dwelling; or
(b) the dwelling is first shown in the list after the day on which it was compiled.
(5) No proposal may be made under paragraph (4) where—
(a) six months has expired since the day on which the person first became the taxpayer;

Although the above is a new SI, the same sub para was in the old regs. When I was in VOA any over 6 month appeal was automatically invalidated. We would still investigate band, but if it was wrong would alter it under different system not via appeal system.

TighterThanTwoCoatsOfPain

What can i tell ya... worked for me about 18 months ago.

Maybe you guys have just got meaner given all the successful appeals :beer: