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

CIS

Hi can anyone tell me if I should be able to claim discount of my council tax bill because my husband lives on an army camp 4 hours away, only visiting on certain weekends? His main address is obviously the army camp, and yet the local council refuse to accept this?

Case law effectively classes your home as his main home - the things to consider are where would he return to if he lost his job, where are his direct family living etc. In 99.9% of cases this is the family home and thus no discount can be given.

vivatifosi

Jummy

Don't worry about your neighbours' bandings increasing - the VOA will only increase a banding if there has been a material increase in the value of a house, generally as a result of building extensions, etc, and do it when the house changes hands. Also, the fact that most houses are in the higher band does not mean that the others cannot be lowered. I had my own banding lowered at tribunal even though more of the houses were in the higher band AND a previous tribunal had upheld that band on a house of the same model.


Jenny Noreen

In terms of the calculation, I take it that you used a calculator such as the Halifax's version? If you do this, you will only get the average. Even within a county, house prices go up at a different rate from town to town, and within towns, property prices behave differently. For example, where I live, the prices of flats and starter homes fell at a much greater rate than houses at the higher end of the market, where prices stayed pretty much the same even though prices were falling overall.

If your neighbours houses are all banded the same, then that is your best indication that yours should be, providing it is exactly the same model and can't be said to be worth more (eg it has a much larger plot, is the only one with a garage in its boundary, etc). Regardless of how long you have been in the property, the VOA has a duty to ensure the accuracy of its lists, and there are many previous posts on this subject in this thread if you read back. They should help you take it from here.

Good luck to both of you

guppy

vivatifosi wrote: »

Don't worry about your neighbours' bandings increasing - the VOA will only increase a banding if there has been a material increase in the value of a house, generally as a result of building extensions, etc.

I wouldn't worry too much either - but its not always true that bands never get increased...technically any band can be changed, at any time. In practice this is rare unless there is an obvious error.

Good luck!

brightonbuoy

Hi Grace, I too am pursuing Brighton Council for a rebate on rebanding back to 1993, but not for as long as you!!! I calculate that I am due £2,600 and have just received £1,300 for what the Council say is 6 years, but is actually 5.1 years. I have just written to Graham Bourne, their Head of Revenues, telling him that (in my opinion) the Limitations Act does not apply as the debt only arose 3 weeks ago (my re-banding) statement and the backdating to 1993 was merely to measure the size of the debt. I also mentioned to him the names of 14 Councils that have paid full rebates to 1993 and this sets a precedent. By the sound of your comments...he will not budge. I was planning to write to my MP (Des Turner) is he the same one that was no use for you? Other than that I was planning to go straight to the small claims court. However, I will (after getting my next refusal from the Council) try the VOA, and then the Local Government Ombudsman. Do you have the details for him as I hadn't heard of that course before. Keep plugging at it!

vivatifosi

Interesting point Guppy. I know people have a right of appeal if the banding increases, but does the VOA do this as the same time as moving as they would for material increases? There is mention of mistakes on the ODPM website, but not the process for change, and when you search the Council Tax Manual, no mention is made of the word mistake at all. I'm confused now...

grace21

Hi Brghtonbuoy,
I have also written to a Revenues Manager(different one to yours) who eventually replied 3 weeks later siting the Limitations Act. I then went to the next level complianing to the Standards and Compliants Team, this took another 4 weeks although they did keep me informed but returned with the same answer!! In the meantime I wrote to my MP ( David Lepper) who was sluggest in his response at first,so I turned up at his local surgery. He has given assurances that he will follow it up if I'm unsuccessful!!!
I came across the Local Government Ombudsman whilst looking on the council's webpage complaint proceedure.I contacted them and they said I needed to go through all the levels for complaining before taking it to them.
This is what I plan to do next...
I'm saving the small cliams court until last.What I have done in the meantime is to tell my neighbours about the rebanding which they have now applied for,I figure that we could go to court as a group, giving each other support.

One last point I asked for a break down of how much council tax I have overpaid. This request was ignored in the first letter but has now been given to me.

Sorry if this seems a little long winded answer to your question but I find it useful to hear what others are encountering!!

Good Luck!!!

Keep in touch.. Grace

grace21

:rolleyes: Hi brightonbouy,

I assume you have read my previous threads...

yes I have been through the 2 levels of complaining with no joy I came across the complaints proceedure to the Local Government Ombudsman on our council's webpage but you need to get through the 2 levels before they will investigate it.

My MP is David Lepper, I went to his local surgery to see him. He says he will take to London if I'm not successful, as our council appears to be out of step with nearly every other council!!!

I'm holding off going to the small claims court, I want to explore every avenue before that.

Good Luck,

Keep in touch,

Grace

Maisie

guppy wrote: »

I wouldn't worry too much either - but its not always true that bands never get increased...technically any band can be changed, at any time. In practice this is rare unless there is an obvious error.

Good luck!

There have been a few instances in previous posts where bands have been increased. ie A poster had been trying to get a lower rebanding and the voa raised the neighbour's banding to equalise them!

In my own case some identical houses are in a lower banding and voa tell me their banding is wrong and under investigation but they are unable to increase their banding until the house is sold or a change of ownership.

I pointed out to them that when two of the houses were sold the band wasn't changed and one house had an extension doubling the size.

There was no reply to that.

Maisie

vivatifosi

Hi Grace,

I have complained, and won, via the Local Government Ombudsman on a different matter (bin men were coming at 4am up to 3 days a week, even though they were supposed to come no earlier than 7am).

The key thing to remember when complaining to the LGO is that they are looking for maladministration that has lead to an injustice. This is their key point and is referred to in every letter I have had from them. It is worth reading their leaflet on this and thinking through how that affects your case as it is a slightly different emphasis to say, going to tribunal.

The LGO has some fantastic powers though. They initially awarded me £250, but when the council didn't meet their orders and put their procedures right I complained again and they doubled my award. Took quite a while, but well worth it.

brightonbuoy

Grace21

I've just complained to my local Councillor, as they have to take up any complaints they receive. This is easy to do on a website called www.writetothem.com I'm away for a week, so will resume battle then!!