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

kateab

maisie

Thanks for your post. Unfortunately, the house is a new build so there weren't any sales of the same house in the area until 1998 at the earliest. So I don't really know what to do next!

kateab

Mark-W_2

My current situation:

My property is a 3 bed detached house built in 1999 with a separate garage, its currently a band D and im trying to get it lowered to a band C. I purchased the house in sept 2006 for £186k

None of the comparison properties are identical but are of very similar size and location, they are all currently for sale or have been sold within last 6 months.

Property 1:
3 bed detached, adjacent road, band B. This property is marginally smaller -3sqm and is currently for sale at £185k but lacks a garage.
Property 2:
3 bed detached, adjacent road, band B. This property is marginally larger and is currently for sale at £185k also lacks a garage.
Property 3:
3 bed detached, adjacent road, band C. This property is roughly equal in size to mine and has a separate garage.
Property 4:
4 bed detached, adjacent road, band C. This property is substantially larger than my property, but lacks a garage.
Property 5:
4 bed detached, adjacent road, band C. This property is also larger than my property but again lacks a garage.
Property 6:
3 bed detached, band D. This property is significantly larger than my property, was advertised in 1991 for £43k unmodernised, current asking price £287k.

Properties 1 to 6 are all on the main road from which my estate/close branches off.

Property 7:
3 bed detached, adjacent road, band C. This property is marginally smaller than my property -10sqm, it is in a row of 12 identical houses are band C. They are within 1 minute walk of my house.
2 are currently for sale at £193,950
Property 8:
3 bed detached, band C. This property is marginally larger than my property, but has conjoined garage with the neighbouring property. Recently sold for £180k
Asking price 1991: £65k
Property 9:
3 bed detached, band C. This property is marginally larger than my property. Recently sold for £185k
Property 10:
3 bed detached, band C. This property is smaller than my property –10sqm recently sold for £165k (asking price 1991 £56k)

I have 5 property adverts, of similar houses with asking prices ranging from £43k to £67k in jan - May 1991.

Do you think I have a good case?

My tribunal is set for 21st June.

Thanks.

Zebedeee

Mark-W,

To the untrained eye, I would have thought you have a pretty good case. I certainily don't see how they could put your band up with those comparisons, so its probably worth a try.

Just one point, is there any other factor which could cause the other properties to be of lower value than yours? Eg. the houses on the main road - is there a noise problem there, are they closer together, do you have a better view? Is your garden larger? Just a few factors to think about, there are probably more. If it still seems to go in your favour then I would go for it. I'm sure there will be others on here who will give you some good advice.

HTH

Zebedee

mcguire6078

Update: After 6 phone calls and two emails I seem to be in the final stretch of receiving a cheque from Lewisham Council…. taken four weeks. I thought the VOA was hard work…absolute doddle compared to Lewisham Council.

I am now in the process of trying to reclaim an ex gratia payment from the VOA for interest lost. I have noted one or two people mention this on the forum and I think it may be better if it had it's own thread?

My initial request has been refused (seems like standard practice for the VOA to refuse all 1st requests…work shy fops). However, because of my enquiry it has become apparent that an appeal was made in March 1994 under my name (around the time we moved into the property). I have absolutely no recollection of the appeal and have asked for all documents held… FOI

The VOA are claiming I made an appeal but after the initial response did not take the matter any further so the appeal did not go to a Tribunal (probably got a standard letter and was put off!). As a result, they are claiming that as I did not take the matter any further I was in agreement with the banding allocated. Therefore, they have no obligation to make any interest payments. They also mention that the banding was allocated based on the facts held on file. After the inspection in April 2007, they discovered the details were incorrect and my property was smaller than the records indicated, which they say is not their fault.

Fired off another email:
1. Have no recollection of the appeal made in March 1994, requested further evidence.
2. If an investigation did take place in 1994 why did they not send someone to inspect the property at that time (would have saved years of the incorrect banding)?
3. Is the homeowner or the VOA responsible for the correct property banding?

I would welcome any help or advice from anyone who has been successful in reclaiming an interest payment from the VOA. I have tried looking through the threads but this subject/point is very disjointed and difficult to follow.

Mark-W_2

Zebedee,
thanks for the reply, the majority of the properties are on the same road/adjoing road so we have very similar view garden sizes and are affected by the same issues.
The voa officer is send his evidence through for me to view before the tribunal.

guppy

Mark-W wrote: »

Zebedee,
thanks for the reply, the majority of the properties are on the same road/adjoing road so we have very similar view garden sizes and are affected by the same issues.
The voa officer is send his evidence through for me to view before the tribunal.

Mark,

Two tips:

You can request the VOA provides you with selling prices if you have an appeal outstanding to help your case. Try and get the actual selling prices of the houses you have adverts for.

Also, once you get the VOA's evidence, check that the houses used are genuinely comparable to yours. If they aren't, you can argue this at the tribunal.

Good luck.

Daisy_Bell

Thanks Maisie. I'm expecting a phone call from the person dealing tomorrow morning, but past experience has shown me I shall have to ring them. They never ring you back even when they say they will!
NB It is an 'Invalidity Tribunal' I was referring to in my last-not an 'Appeal'. Sorry. I'm not allowed to present any evidence at that except to say why I was 'Out of Time'! Worra waste of time!

08689

I am new and hope this works!

I am unfortunately one of the many who are only after Martin's television appearance reviewing my banding, some 7 years after I moved in to my home.

I own a 3 bed link detached property, which was slightly ext in 1983, (larger kitchen). no garage. My banding has been 1993 Band D, however on checking identical houses within the estate I reside I found 95% to be on band C, those not had had large extentions and been rebanded.

I appealed to the VOA who rejected my appeal on the basis that my home had been extended. Strangely they quoted having "actual sales" of unextended houses of my type in around April 1991 selling for £68,000 - £70,000. a similarly ext home to mine "actual sale" nearly £74,000. They went onto say that because of this they placed the unextended into band C and mine into band D. Yes I know band D starts at £68,001 but I would have thought the VOA knew that already.

What makes this difficult to swollow is that i purchased my home for £75,000 in May 2000 from a "Willing Vendor" I have researched others in my estate that sold for more than that in and around 2000, (because I cant get details prior to 2000) which have always been and still remain band C.

I have used the back calculator on mine and these other properties and mine actually comes in at £63,407, which is the lowest of all and these are all band C.

I have requested the VOA provide me with these "actual sales" but they conveinently quote sec 9 of the Commissioners for Revenue and Customs Act 2005, which makes it a criminal offence to disclose information if the taxpayer can be deduced from the disclosure!

Where do I go from here.

08689

Daisy bell, have you any update re this one?

I am in a similar position to yourself although the other identical 3 beds on my estate are actually band C, when im a band D. I didnt even realise until martin's tv appearance some months ago. My council VOa are refusing to supplyn me with their so called EVIDENCE and im lost as to wher to go to now!

08689

Daisy_Bell wrote: »

Hi Folks,
I just thought I'd tell you my experiences so far in challenging my Council Tax Band on the grounds that it was incorrectly applied in the first place, as most of my neighbouring properties have four bedrooms and mine only has three. The estate was built with a mixture of both 3 and 4 bedrooms. There was a 'Blanket' Valuation put on them all in 1993. I've gone through all the correct channels, although I was told at the beginning that my Band could go up as well as down. I continued on with it and was told by the Valuation Office that they didn't agree with my claim and I had to fill out a 'Appeal Against Notice Of Invalid Proposal' and send it back to them. Thereby going ahead to a Tribunal. I got a letter today saying they still considered my proposal invalid and wanting me to withdraw it, saying that they would investigate my claim whether I went to the Tribunal or not, as this was the law when a claim was made. I have collected a lot of evidence to support my claim, together with photographs, but when I telephoned them today about their letter, they said I would not be able to present this evidence or say anything at the Tribunal to support my claim as to why I believe the banding is wrong. All they would be interested in is the fact that I am 'Out of time' with my application, as this is the only grounds I have for my Appeal. I do not fall into any of the other rules for Appealing. "Not knowing that I should have appealed within six months of the original valuation is not good enough" was what I was told. We have been in the property for 24 years and genuinely thought that the other properties in the area would be banded along the lines of original criteria; number of bedrooms, garages, etc. We honestly thought that the 4 bedroomed proprties, 2 garages, etc. would be a higher band than the 3 bed ones and didn't know we could check on this. (Anyway, the Council Tax charges then were a darned site less than they are now!) Anyway, I have told them that I am going ahead with the Tribunal (not to do so would look as if I no longer had any faith in my claim) and I was told to send the evidwence I have collected to the Valuation Office, who will "In due course" check my claim further. This I have done today, retaining copies for myself. I don't understand how a hearing at a Tribunal can result in some properties having their band increased, if the only evidence they are allowed to hear is why a claimant like myself is 'Out of Time'! This would seem to be contradictory! What's the point of tribunals if they are not allowed to hear all the grounds for the Appeal? I was told by the person I spoke to at the Valuation office that Tribunals very seldom go against the findings of their Office! Are they just trying to scare me into dropping the whole thing?

Daisy bell, have you any update re this one?

I am in a similar position to yourself although the other identical 3 beds on my estate are actually band C, when im a band D. I didnt even realise until martin's tv appearance some months ago. My council VOa are refusing to supply me with their so called EVIDENCE and im lost as to wher to go to now!

What is this tribunal you refer too? and should the VOA office not be telling me I can consider this instead of their NO RIGHT OF APPEAL statements on all their letters.