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

vivatifosi

Hi exvoperson,

When I asked for info I had to state the addresses. No leeway whatsoever. When my neighbour did the same, they wanted info on a specific set of criteria, not a specific address. They helped.... And that's the follow on appeal on the same estate through the same VO (though we did get different LOs for some reason). My feel is that there isn't a specific rule here, or that different people interpret it in different ways.

liz23_2

exvoperson wrote: »

Dear Supersnitch!!!!!!!!!!!!!!!!

It may be that most of those extended homes have not been sold since the extension was built so the VOA is unable to increase the banding until there has been a sale. A note of the extension is recorded as an 'i' on council tax list but often the VOA are not aware of extensions it depends whether planning permission or building regs were required plus how much liason there is between the council and the VOA.
However the bad news is that your neighbour who brought the house with the extension could find his banding increased. Sorry!
Kind regards ExVOperson

Thanks Exvoperson,
I'm going to popular aren't I? Some of the other houses have been sold since they did the extensions, he said that they may have slipped through the net and that thanks to my information he could have them rebanded _pale_ _pale_
What a nightmare!!!

supersezzie

supersezzie wrote: »

Hi, I just wondered if any of you knowledgable folk can advise me as well..I have put in an appeal for rebanding and there is a hearing coming up in May...the only problem is, a woman came round to measure our flat and said we are pretty much guaranteed to stay in a band D, and though some flats in our block are band B/C, they are much smaller. Also, she said that the Nationwide valuations weren't accurate as it is based on the value of properties nationwide and not specific to the area. I still feel hard done by as I paid less council tax in a massive luxury flat in Nottingham and this one is much smaller and very basic in comparison, and yet I am paying more. I think it is the location because it is by the docks on the south coast, but even the woman at the council said the band seemed very high as we are only a couple (there is a second bedroom but it's small).

Does anyone know of anything I can do to argue my case or is this a lost cause? Also, how would you recommend I represent myself? I cannot make it to the hearing, but it seems to say I can send a letter, or ask someone to represent me.

Any advice would be welcome, thank you!

I'm just quoting myself to see if anyone can help me as I think my post got lost in the discussions Also, since writing it, I have had a letter recommending that my property stay in a band D, and it seems to be basing most of it on size, so I'm nopw on a mission to see if I can find my own properties to compare it with. Having just read all the posts about these letters, can anyone tell me if they are just scaremongering and if they think it is still worth appealing? Also, does this mean the LO is not on my side (?!?!) as I'm unsure about the tribunal - the leaflet seemed to say you could present written evidence either with them or on your own, but I don't fully understand it. Does anyone have any advice?

Also, do you think it would make a difference that my flats were originally owned by a housing association as social housing - would that make them worth less than 'commercial' properties in 91? It is still owned by the housing association, and we have noisy and alcoholic neighbours who have had the police out during their fights and had their flats broken into, but I just don't know how I could present such evidence as scientific reason for it being worth less! Any help on whether this is worth arguing, how to find evidence and how to go about representing your case at tribunal would be very much appreciated. Thanks!

Turbo2

My council recently turned to the court to collect £365 of late council tax payment, and I was hit with a court fee of £60. I was of the understanding that i was in the wrong banding and was delaying payment until it was confirmed, but they took court action before it was confirmed. It has now been confirmed and I have been dropped down a band and a refund of £1100. This would make it that the council tax money they said i owed was incorrect for last year so in actual fact they took me to court for a wrong amount, Do you think I would be entitled to reclaim the £60 i was forced to pay?
ALSO.....has anybody asked and got any interest on the money that the councils have incorrectly taken, in my case going back to 1993 ???

Thanks

maemaesmummy

Dont think so as in all my VOA paperwork it states to continue paying council tax as requested and not to withhold any payment.

vivatifosi

In the advice notes for challenging your banding, it says that you must NEVER withhold payment, so while you may get your band reduced, the chance of getting the £60 back are very slim.

In terms of interest, that is an interesting question and one that has been debated here several times over. I have seen one or two people who are successful in reclaiming tax, but many more who have been unsuccessful. The argument from the VOA is that you have had plenty of time to query your band, therefore it is unreasonable for them to be expected to pay interest due to your inertia. It is the VOA that pays the interest, not the local council, as it is deemed to be the VOA's mistake.

Zebedeee

supersezzie wrote: »

I'm just quoting myself to see if anyone can help me as I think my post got lost in the discussions Also, since writing it, I have had a letter recommending that my property stay in a band D, and it seems to be basing most of it on size, so I'm nopw on a mission to see if I can find my own properties to compare it with. Having just read all the posts about these letters, can anyone tell me if they are just scaremongering and if they think it is still worth appealing? Also, does this mean the LO is not on my side (?!?!) as I'm unsure about the tribunal - the leaflet seemed to say you could present written evidence either with them or on your own, but I don't fully understand it. Does anyone have any advice?

Also, do you think it would make a difference that my flats were originally owned by a housing association as social housing - would that make them worth less than 'commercial' properties in 91? It is still owned by the housing association, and we have noisy and alcoholic neighbours who have had the police out during their fights and had their flats broken into, but I just don't know how I could present such evidence as scientific reason for it being worth less! Any help on whether this is worth arguing, how to find evidence and how to go about representing your case at tribunal would be very much appreciated. Thanks!

Hi there. Sorry if your post got missed. There are only two or three of us answering questions so its a lot for us to keep up with. Wish a few others who have had success would lend a hand on here!

First things first - the council tax band is based entirely on the value of the property in 1991, or if it hadn't been built then what it would have been worth had it been around at that time. The VOA often like to quote size, etc., and this can have an effect on the value, obviously, but so can location and a number of other factors. The bottom line is the value.

You say you have a tribunal coming up in May. Is it a valuation tribunal or a validity tribunal? There is an important difference, as the former is to argue that you should be allowed to present your evidence for a rebanding, and the latter is to have your evidence for rebanding heard by a panel. If the former, you won't be able to present your rebanding evidence. Let us know which it is and we will see how we can go from there.

As far as values and banding goes, it is entirely possible that a luxury flat in Nottingham would cost less than a smaller one on the south cost. Again, the value in 1991 would determine this. Also, whether the property is occupied by a couple or a large family will not affect the banding, although discounts/benefits are available in some situations, eg. single occupancy.

As to whether the LO is trying to put you off going any further and convince you that you don't have a case - that is entirely possible. You really need to find your own evidence to decide for yourself if your case will stand up, and we can help on here, of course. The VOA is quite capable of bullying council tax payers into giving up when they have a perfectly good case.

As for presenting your evidence in person or in written form I would say that while both are acceptable I think that if you actually attend you can refute what the LO says if it is incorrect or not the whole story. Otherwise, the LO will have a greater 'presence' (literally) with the panel and will likely rubbish your arguments in your absence, with no right of reply from you.

Hope that helps!

Zebedeee

supersezzie

Hi Zebedee,

Thanks so much for your help, it's great that people like you come an help us clueless people on here!

It is a valuation tribunal - I assume it's gone straight to that as I contested it within 6 months of moving in. I definitely can't meet the date they've set as I'm in training at work, so I might have to do it by letter, but I don't understand the difference between written representations and written submisson that it talks about in the leaflet they sent me either.

Also, I've found loads of properties down from me in the same band, that from the outside look much nicer and more modern, but I seem to be hitting a brick wall with finding concrete information. For example, I've seen that every flat on the street next to mine is a band D or E (I'm in band D), and having looked at some estate agents websites, these properties have 2 double bedrooms (my second bedroom's a single), balconies and gas central heating (I have storage heaters). But unfortunately these sites don't tell you the house number so I can't find out which band it's in to compare. I feel very lost and don't know what to do short of knocking on all the neighbours'doors (and them blaming me if I get their band put up!).

Thanks again for any help

Zebedeee

Hi supersezzie

I'm afraid I have no idea about the written representations/written submission thing either, but I do know that you can ask for the date to be changed if it isn't suitable for you. I found the VTS to be very helpful, answering all my questions about tribunals. They can't advise you specifically about your case, obviously, but they will help you understand the tribunal process.

How old is your propery and can you go back to 1991 newspapers for selling prices for that time? I found that to be very productive.

HTH!

Zebedeee

supersezzie

My property was built in 1991, but I've been unable to find any sold prices in my block of flats, even since 2000, as I think it is only used for rental accomodation. I think it was built as social housing in the first place, so I don't know if that would have meant it would sell for less, or if they would say the firgures ought to compensate for that.

OH it's so confusing!