Council Tax Cost Cutting: reduce your band and grab any discounts Discussion Area

stphnstevey

tarinilie wrote: »

hi there ,

in your example they would look at the house based at 1991 prices as if the extention existed at that date and how that effects price. etc.

If an improvement is carried out, a subsequent purchaser has the dwelling valued with the advantage of the improvement at 1991 prices etc

tarin

This was my arguement. I paid an open market price for it at todays value which takes into account any extra value added by the extention. Using the Nationwide calculator, the 1991 price (which as above takes into account the increase in value because of the extention as we have used the current sale value) puts me into a lower council tax band.

tarinilie

I see - in that case you're estimate of value based of the nationwide indices suggets you should be in a lower band - however, the indices are not generally accepted as there are very general to a region .

I assume they thought you were at the upper end of the band before the extension and the improvement pushed you to the next band.
If you go to tribunal you will need better evidence ie sales c 1991 .
The VOA should provide you with details of their evidence.

Maisie

tarinilie wrote: »

I see - in that case you're estimate of value based of the nationwide indices suggets you should be in a lower band - however, the indices are not generally accepted as there are very general to a region .

I assume they thought you were at the upper end of the band before the extension and the improvement pushed you to the next band.
If you go to tribunal you will need better evidence ie sales c 1991 .
The VOA should provide you with details of their evidence.

voa told me 'current legislation does not allow them to release sales evidence used'

maisie

tarinilie

I understand they will discuss/provide such information if you have a valid appeal but not if you are out of time etc.

guppy

tarinilie wrote: »

sure I can see a professional valuation having a degree of margin of error - no problem it's not an exact science etc . However, if a row of 10 identical houses were all band D and say one was reduced at valuation tribunal to a C 5 years ago then the VOA should have reduced all the other identical houses.

If they didn't this is a negligence in respect of an administrative procedure - ie not carrying out consequential changes. Arguably this doesn't involve the 'science/ art of valuation'

They couldn't argue that the identical houses were a different value could they ? In this scenario I think they are prima facie negligent ( duty of care, breach, damage etc ); the valuation process is not something that is challenged (admin only!) and so I would argue they should cover all reasonable damages. I can't see why statutory interest wouldn't be the starting point.

I'm also still puzzled why it occurs automatically in respect of non domestics irrespective of any fault.

tarin

When you put it like that...I agree. The council tax legislation only seems to cover valuation, so maybe they would be open to a negligence claim. Be interested to hear anyone's experience's of claiming.

The VO's own guidance says: "When a band is reduced by the VT in the light of all the evidence in the possession of the LO, the LO should apply this decision to other similar dwellings in the immediate locality."

They don't always seem to follow it though.

jamesiebabie

guppy wrote: »

When you put it like that...I agree. The council tax legislation only seems to cover valuation, so maybe they would be open to a negligence claim. Be interested to hear anyone's experience's of claiming.

The VO's own guidance says: "When a band is reduced by the VT in the light of all the evidence in the possession of the LO, the LO should apply this decision to other similar dwellings in the immediate locality."

They don't always seem to follow it though.

Guppy,

Very well pointed out. Maybe some of the people on this forum should start pointing this out to the staff and this makes it even more poignant to claiming the interest back if people have their bands reduced.

thanks.

Olives

I have been looking into claiming back my council tax on my currennt property but it turns out i am in the right band. Which made me think about my last house. It was a lot smaller than this one and therefore valued a lot less. The council tax band was the same though. So I followed martins advice step by step and it turns out that my hose should have been in band a and it is band b. Half a dozen houses on the same postcode had changed there banding in 93 and and one done it in 2000. I have just spoke to a man in the local voa office and after telling me that this could not be claimed for as it was a previous adress and the law states this i challenged him and asked
" WHERE DOES THE LAW STATE THIS AND WHAT DOES IT SAY "
he said "HMM HMM I CANT RECALL WHAT IT SAYS AS IT IS A VERY LONG PIECE BUT I WILL LOOK IT UP FOR YOU AND GET BACK TO YOU"
i thought this was just a fob off but two minutes later he phoned back and said
" I HAVE BEEN SPEAKING TO MY COLLEAGES ABOUT THIS AND WE THINK THAT YOU CAN DO THIS BUT VIA THE COUNCIL"
see what happens when you ask them to dictate the law.

Any way spoke to the council they said you seem to have a case but VOA have ultimate decision. I have spoken again to VOA and told them tht there own site has told me that 6 homes are already band a so why is the rest of that postcode not.
HE is looking into that now. I will keep you all posted as if this works there could be more money to due to you all. This is worth about 1500 to me so we shall see.

olives

Just spoke to man in voa and he said the department that does valuations for banding is going to go to my old road and re value the area to see if the banding is correct. If the banding is wrong and changes to band a then i can reclaim my money YIPEE. I am very confident about this one to the point the whole of my old road are going to love me. Will let you know the verdict. It could take some time though as they have a bit of a back log.

Rooster_Booster_2

I have had my property rebanded and received a cheque. So far so good.

How can I check that they have correctly calcultaed whats due. ????

Historical Council Tax Band data going back to 1993 would be a help.

Is this online or do I have to request this info.

Any one know the answer ????

Ta Rooster

Olives

The library will probably have that sort of info.

olives

Derek_Rowbotham

Yep got close on £1700 back from them part by cheque the rest on credit to my council tax account, but I feel greedy and need to know can I get interest back from the council because mine would be in the region of £960 as I have been in the property for 18 years