📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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

1312313315317318550

Comments

  • lincroft1710
    lincroft1710 Posts: 19,000 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    murmeltier - by using the term "annex" it implies that there is more than one dwelling at your address, in fact it would seem there are three, which could result in 3 separate CT bands.

    Does not matter if extensions existed pre 1991, VOA may not have been aware of them when orig banding done.

    VOA can increase a dwelling's band at anytime if they believe it to be incorrect.

    Do you really think if you refuse VOA entry (which is your right) they'll just roll over and do nothing? They will just "estimate" what new band should be or that there should be 3 bands and send you paperwork telling you this. If you appeal they will need to access your home to verify facts, and if you still refuse and matter goes to Valuation Tribunal, they will take a dim view and order you to allow access. And then Tribunal will have to hear appeal again. And while all this is going on you'll be paying increased CT which may be wrong.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • lincroft1710
    lincroft1710 Posts: 19,000 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    nanny111 - have never come across "you can appeal within 1 month if you have proof band is wrong". Did they mean if you respond within 1 month with proof of wrong banding they'll look at your band again?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • nanny1111
    nanny1111 Posts: 20 Forumite
    Part of the Furniture Combo Breaker
    nanny111 - have never come across "you can appeal within 1 month if you have proof band is wrong". Did they mean if you respond within 1 month with proof of wrong banding they'll look at your band again?
    yes lincroft that is what i meant sorry .
  • murmeltier
    murmeltier Posts: 124 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    lincroft1710 - Thanks for your reply, I'm just evaluating options at the moment.

    I understand that when the extension was built the lower ground extension and upper ground extension were being used as separate annexes by previous owners (including separate kitchen and bathroom).

    Since we don't want to use these as separate annexes (and don't want to incur additional council tax obviously!) do you know what alterations we would need to make to the property to convince the VOA that the extension shouldn't be considered as separate annexes?

    For example we completely removed kitchen in the upper annex (which has no separate entrance) including drainage/pipework/gas pipes so there is no kitchen at all anymore and it's not even obvious anymore that it may have been a kitchen before never mind an annex (it's now our main bedroom).

    We were planning to do the same thing in the lower annex (completely remove kitchen and associated pipeworks etc.). Will this be sufficient if we manage do this before the VOA visits? If I understand this correctly, the presence of a toilet/bathroom alone wouldn't qualify the annex as a "self-contained unit".

    Thanks again for your help.
    murmeltier - by using the term "annex" it implies that there is more than one dwelling at your address, in fact it would seem there are three, which could result in 3 separate CT bands.

    Does not matter if extensions existed pre 1991, VOA may not have been aware of them when orig banding done.

    VOA can increase a dwelling's band at anytime if they believe it to be incorrect.

    Do you really think if you refuse VOA entry (which is your right) they'll just roll over and do nothing? They will just "estimate" what new band should be or that there should be 3 bands and send you paperwork telling you this. If you appeal they will need to access your home to verify facts, and if you still refuse and matter goes to Valuation Tribunal, they will take a dim view and order you to allow access. And then Tribunal will have to hear appeal again. And while all this is going on you'll be paying increased CT which may be wrong.
  • lincroft1710
    lincroft1710 Posts: 19,000 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What you propose should be sufficient. But don't forget any cooker point, electric should be blanked off, gas should be capped back to wall or floor by registered gas engineer. If there is no cooker point then "2nd kit" could be classed as utility.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • sidefx
    sidefx Posts: 1,235 Forumite
    Can anyone explain to me why you are able to reclaim council tax if you have overpaid due to wrong banding, but not for any other reason.

    For more details, please see my thread here

    http://forums.moneysavingexpert.com/showthread.html?t=1810383&highlight=

    Any advice would be very gratefully received.
  • lincroft1710
    lincroft1710 Posts: 19,000 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    nanny 1111 - 6 weeks isn't that long to wait but it wouldn't hurt to give Assessor a phone call to see if there is any progress.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • lincroft1710
    lincroft1710 Posts: 19,000 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    murmeltier - just found this in Local Government Finance Act 1992 :

    26 Powers of entry
    (1) If a valuation officer needs to value a dwelling for the purpose of carrying out any of his functions, he and any servant of the Crown authorised by him in writing may enter on, survey and value the dwelling if subsections (2) and (3) below are fulfilled.
    (2) At least three clear days' notice in writing of the proposed exercise of the power must be given; and there shall be disregarded for this purpose any day which is—
    (a) a Saturday, a Sunday, Christmas Day or Good Friday; or
    (b) a day which is a bank holiday under the [1971 c. 80.] Banking and Financial Dealings Act 1971 in England and Wales.
    (3) In a case where a person authorised by a valuation officer proposes to exercise the power, that person must if required produce his authority.
    (4) If a person intentionally delays or obstructs a person in the exercise of a power under this section, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
    (5) In this section and section 27 below “valuation officer” means any listing officer and any other officer of the Commissioners of Inland Revenue who is for the time being appointed by them to carry out any of their functions.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • lincroft1710
    lincroft1710 Posts: 19,000 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    sidefx - Although I can't find the actual legislation, I'm fairly certain that refund of overpayment of CT due to incorrect band is enshrined in CT law. If you shouldn't have paid money in the first place, you're entitled to get it back.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • murmeltier
    murmeltier Posts: 124 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    lincroft1710 - thanks for clarifying.

    We'll try and have their visit postponed (they have suggested this Friday but did mention that if this is inconvenient we should let them know to arrange an alternative time) so we can get the pipeworks removed before they come ... hopefully they don't see this as obstructing them.

    Out of interest, will they be able to change the banding retrospectively for the annex? I.e. charge for previous years?
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.6K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.9K Spending & Discounts
  • 244.5K Work, Benefits & Business
  • 599.8K Mortgages, Homes & Bills
  • 177.2K Life & Family
  • 258.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.