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

lincroft1710

Manxmonkey - as you live in England, it's the Valuation Office Agency (part of HMRC) who carry out banding for Council Tax NOT your local council. If a property consists of two self contained units of occupation, i.e. each has own facilities for living/sleeping, washing and preparation of food, then each unit will have its own CT band. So it would appear that the room for your mother meets the criteria for separate dwelling.

HOWEVER!!!!!!!!

In the 1990s there were several appeals against separate bands for what were known as "granny annexes" which ended up at High Court, which very few CT appeals are allowed to do. HC made landmark decisions, one of which implied that if you could only access "annex" via a main room (e.g. living room or bedroom) of main dwelling, then it should not have a separate band. Secondly, if your mother is over a certain age (60, I think) then she will not pay CT on annex - check your Council's website.

I worked for VOA settling CT appeals - however since I took early retirement nearly 3 yrs ago, case or statute law may have changed.

vivatifosi

lincroft1710 wrote: »

Viva - Looks like there have been some changes to VTS procedure in 3 yrs since I was presenting cases. Our VT worked on first taxpayer to arrive at hearing had their case heard first, and if taxpayer represented by agent, agent had to wait until unrepresented cases had been heard. VT also insisted that VOA presented their case first. Scottish valuation panel is a separate entity to VTS and IMVHO their website isn't that helpful, but others may disagree.

I think the VTS may have been changing the process while mine went through, as I was told it would be done as you described, but they changed it before the date. They may have something different again by now! Hopefully the tribunal format is still broadly as I described.

We could really do with a current or former Scottish LO to help us out on this board. If there are any of you out there lurking and willing to help, please post or pm us...

butterfly72

I live in a small block of flats all banded as D - been here 2 and a half years. Next door a new 'luxury' block was been built in 2007 and they are banded at C. I've checked 1991 valuations and all indications are that most flats would be a C. So I rang the VOA and they took my details over the phone and said they would investigate. It was very easy. Hope I'm sucessful!

Do you think the fact that the next door flats were valued only 2 years ago at band C make my appeal more likely to succeed?

Duracell_Bunny

Thought I would ask for some advice on whether or not you think I should try an appeal.

I moved into a new build 2 storey detached house in May 2006. There were only 4 of this style built on the estate. I have checked and we are all currently on band D.

My immediate neighbours are in semi-detached 3 storey houses. All of these are band C. When we purchased they were valued the same at £180,000 by the builder and the land registry confirms we all paid similar. They have similar square footage to mine due to the extra storey. Hence why I assume they valued them the same.

I have searched for the 1991 Q2 value for my house and it comes up as £64,862, from Martins list this is a band C. I see that the calculator doesn't ask for style of house, number of bedrooms etc.

Where do you think I would stand with an appeal as my neighbours are semi-detached and I am detached? I have been in the neighbour’s house and we do have a similar amount of living space although my plot is a little larger.

The last thing I would want to do is get all of them re-banded. Your thoughts would be much apprecieated.

manxmonkey

Ah, yes the council tax lady said, "look this is for your mother to live in so she doesn't pay council tax, so why stress?". I wonder if now our house is a semi detached if we could get de-valued (It's G) but I don't know what values in 1991 should be for banding purposes. (Our house is built in 1991 so I know the value was £150K). I'll be honest i just would rather they upped the banding that saddled us with a seperate dwelling. We changed the window to French Windows so they can argue seperate entrance- I might brick it back up!

lincroft1710

Viva - I agree, a current/former Scottish Assessor would be most helpful. I think basic VT procedure is unchanged, other than VOA now tell VT which cases are to be listed for hearing.

Manxmonkey - several points :

1) CT band can't be increased because of extension until house is sold
2) If you paid £150K for your home in 1991, chances are it should be in Band F, as Band F max is £160K. But because of house price falls if you bought in Dec 91, it may have sold for £160K plus in Apr 91.
3) In law for CT purposes, you have 2 dwellings, thus 2 CT bands. I don't know why this is a problem, as your mother won't be paying CT. There are ways round it but they do involve spending money and making annex less practical.
4) As your home is now a semi, albeit only one room is attached, the band may be too high. The 6 month limit on appeals does not apply in such a case.

lincroft1710

Duracell - A detached house will be worth more than a semi of same size, and 2 storey house will also be worth more than 3 storey of same size. Although it depends where you live Band D seems OK for detached house. House price indices are not reliable and VOA pay little attention to them. 1991 sales of similar size houses in your area may indicate D for detached and C for semi. You cannot make formal appeal, but you can ask VOA to check band as detached and semi purchase prices were similar. You can search local newspaper archives for 1991 asking prices for similar size detached houses and see if they will support your case.

lincroft1710

Butterfly - if flats in both blocks are of similar size and have same number of bedrooms and bathrooms, reasonable chance your band will be reduced.

Chichi_2

Can you query the council tax banding of a property you used to live in? Can you claim a refund. I moved out a year and a half ago. I would be claiming a refund from 1996 -1999.

Zebedeee

Chichi, short answer - no you can't. However, if the people who live there now get a rebanding you may get a refund. You could always get in touch with the new people and suggest they might like to try.