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

johnk

I am undecided whether to apply for re-evaluation.

My neighbour, who has exactly the same house as me, is in a lower band. However, checking the sale history and using Martin's formula: he should really be in the lower band based on his price paid in 1998, while I should be in the higher band based on the price I paid in 2002:-( In the street, there is another house (all same style) in the lower band as well but it does not have a sale history.

Do I have a case at all?

lincroft1710

johnk wrote: »

My neighbour, who has exactly the same house as me, is in a lower band. However, checking the sale history and using Martin's formula: he should really be in the lower band based on his price paid in 1998, while I should be in the higher band based on the price I paid in 2002:-( In the street, there is another house (all same style) in the lower band as well but it does not have a sale history.

Which shows that either house price formulas may be inaccurate, or that either one of you paid too much or one of you paid too little.

You could ask for a reduction quoting the bands of these 2 houses, but be aware that they could turn round and say "your band is correct, the other 2 are wrong" and increase these 2. So check with these neighbours that they have had their CT band reduced.

shaping

On or around 20th august this year sent I off a request for council tax band revaluation (using the lawontheweb website 'Letter_of_Claim_for_Council_Tax_Rebanding') for my flat which is in Band B along with all the other flats on my estate. Using Martins formula I have found that recent sales show all of us should be in Band A!!! I recieved a response from local north east london VOA saying they will investigate. Am anticipating they may raise the fact that I have lived in the property over 6 months (over 10 years to be exact!) Will post back when I get any news...wish me luck !!!

50Twuncle

Could someone please let me know my chance of sucess in this ?
I paid £74k for my house in Feb 2000, which puts it valuation at £51664 in 1991 - ie band B
It have been rated as a band C - so am claiming a rebate for the last 11 years !!
What do you think they will try as a reason/excuse ?
most other similar properties around are C....

lincroft1710

Any house price index will at worst be inaccurate, at best very approximate, which is probably what the VOA will say. At £337 below the Band C threshold, if the index is undervaluing by just 1%, your band is correct.

If the VOA have good evidence to support Band C, you won't succeed, if their evidence is so-so, you probably still won't succeed. You will have to try to find similar houses nearby at Band B.

shaping

Hi, I would be grateful for some advice as I recieved a letter last week responding to a written request I made for an investigation and reconsideration of my council tax banding. My local VOA Listing Officer wrote:

"I have now completed my review and have taken into account the points you have raised. I do not agree that a different valuation band should apply and do not intend to alter the valuation list entry. I am sorry that this is not the outcome you wanted.

"A council tax band is based on the amount that a property might have fetched if it had been sold on the open market on 1 April 1991. This is the date of valuation applied to all properties for councul tax purposes, even if the property hadn't been built at the time.
This common date is used to ensure that every property is treated in the same way, giving a fair and consistent approach for everyone. Also for consistency, all propertie sare assumed to be sold with vacant possesion and freehold (other than flats where a 99 year lease at a nominal rent is assumed). I am satisfied that the value of your property, reflecting April 1991 levels of value, lies within the range £40,001 to £52,000 and that the current band of B is correct."

"You referred to the fact that, based on your estimate of the current value of your property, and using one of the house price indices vailable on the internet, you think your banding is too high. House price indices cover wide geographic areas (e.g.Greater London or the North West) which have widely different property types (e.g. houses, flats, maisonettes). These indices are there to show general trends in house prices and are often based on a relatively small sample of evidence. Property values can vary from one end of the street to another and the market for different types of property are quite different. A house price index is not therefore an accurate indicator of value for a particular property in a particular in a particular street and is of very little help in arriving at a council tax band. Bandings are based on evidence of actual sales and I am satisfied that the banding of your own property is a fair reflection of values that would have applied in the area on 1 April 1991."

"I regret that there is no right of appeal against my decision but I hope you appreciate that I have addressed the points you raised and considered the effect they have in the context of your council tax banding"

I may not have a copy of the letter I sent but am sure I did not use house price indices as reasons for contesting my band and must have mentioned recent house price sales!

Anyhoo

My questions are thus.

Because I know that 4 of my neighbours should be in band A too as the date and price of their house sales are available online, should I now write to the VOA again using this as "evidence of actual sales"?

Should I get more info about house sales around 1991? My challenge is that my flats are largely 1 bed council dwellings and I imagine many were not for sale or sold in 1991!

Research for prices of sales via library, estate agents in my postcode for April 1991 and then go back to VOA?

As I was told I cannot appeal should I try to go straight for tribunal with or without telling VOA?

Your comments would be much appreciated.

Thanks

P.S. This latest letter from the VOA was not headed Valid or Invalid Appeal...!? Does anyone have any experiences of this being an issue when dealing with VOA or Valuations Tribunals?

lincroft1710

shaping wrote: »

Because I know that 4 of my neighbours should be in band A too as the date and price of their house sales are available online, should I now write to the VOA again using this as "evidence of actual sales"?

Unless these are 1991 sales, there is little point in quoting them, even less relevant if they are Right to Buy sales

Should I get more info about house sales around 1991? My challenge is that my flats are largely 1 bed council dwellings and I imagine many were not for sale or sold in 1991!

Yes

Research for prices of sales via library, estate agents in my postcode for April 1991 and then go back to VOA?

Yes

As I was told I cannot appeal should I try to go straight for tribunal with or without telling VOA?

A tribunal hearing is only possible following the submission of a valid appeal to the VOA, or if an invalid appeal has been submitted there would be a tribunal hearing to determine the validity only. You cannot "bypass" the VOA.

Your comments would be much appreciated.

Thanks

P.S. This latest letter from the VOA was not headed Valid or Invalid Appeal...!?

This would suggest your letter does not meet the requirements of an appeal and so was not treated as such.

Does anyone have any experiences of this being an issue when dealing with VOA or Valuations Tribunals?

As it's not an appeal the VT won't be involved

...............

shaping

Thanks Lincroft,

Am I right in thinking I should write a letter of appeal to VOA once I have 1991 dates and sales of properties close to mine?

As they wrote their response to my letter asking for a banding review that there is no right of appeal can I 'appeal' that decision itself?

Otherwise wont the VOA simply ignore me as they believe I have no right of appeal?

Thanks,

S

lincroft1710

Council Tax law sets down strict time limits for making appeals, basically 6 months from the time of first occupying or having the right to occupy a property. If your first letter to them was outside this 6 months then there is no right of appeal against their decision. You cannot "appeal their decision", you can submit "further evidence in support of my claim".

There is no "belief" that you have no right of appeal, it's a fact. They won't ignore you, although their reply might not be the one you want to hear.

JamesM_2

shaping wrote: »

Hi, I would be grateful for some advice as I recieved a letter last week responding to a written request I made for an investigation and reconsideration of my council tax banding. My local VOA Listing Officer wrote:

"I have now completed my review and have taken into account the points you have raised. I do not agree that a different valuation band should apply and do not intend to alter the valuation list entry. I am sorry that this is not the outcome you wanted."

I Just got a virtually identical letter, word for word (with a few minor changes) from Southampton Valuation Office. It read rather snottily to me.

I think I had a strong case and can't help but think that the Tories cost cutting measures have affected this somewhat.