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

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Comments

  • The band has been adjusted from 1/4/93 and we get a discount for pension credit. Twelve years ago I turned 60. Many thanks for the reply.
  • mew
    mew Posts: 1,009 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Can councils be bias against new-build property? I am in a small 3 bedroom new build house and like similar/larger new build houses in the area. we are in band B. Older (and many larger) 3 bedroom houses in the same area are rated in band A.
  • lincroft1710
    lincroft1710 Posts: 18,958 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    mew wrote: »
    Can councils be bias against new-build property? I am in a small 3 bedroom new build house and like similar/larger new build houses in the area. we are in band B. Older (and many larger) 3 bedroom houses in the same area are rated in band A.

    Councils don't deal with the banding of property, that is done by the Valuation Office Agency. CT bands are based on 1991 values, so older houses may well have been selling for less than new/modern ones at the time. Contact the VOA and ask them why yours is in Band B.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • superflygal
    superflygal Posts: 1,122 Forumite
    edited 1 October 2014 at 12:07AM
    Dear MSErs,

    Has anyone cme across this?

    Moved house last June 2013. Challenged banding of our new house and had it lowered from E to band D.

    had letter from VOA to say

    " My decision is to change the band to D effective from 01/04/1993; I have reached this decision because having considered the issues you raised and evidence of sales and bandings of the properties in the area, I am satisfied the band should be reduced "

    Fast forward to last week, we received a letter addressed "to the occupier" saying the VOA were looking at bandings in the close to check we were in the right ones. I ignored this as we had only 12 months ago had it changed (saving £300 per year!)

    Today we get another letter, this time addressd to oursleves, telling us

    "I refer to my previous letter informing you I was reviewing your band. I have now completed my review and have found the band needs to be increased to band E, this is because of sales evidence from similar properties in 1991"


    Has anyone experienced this? I thought once a review and decision had been reached, that was final ad infinitum until the law changes!

    Grateful for any advice on how to tackle this!!

    SFG x

    Then
  • lincroft1710
    lincroft1710 Posts: 18,958 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The VOA can alter a CT band at any time if it believes that band is incorrect, so they have acted within CT law.

    I'm ex VOA. Several years ago a colleague was given (what was to him) an unfamiliar area to deal with. The person normally dealing with that area was on long term sick leave.

    Upon their return from sick leave they found that my colleague had reduced the CT bands of a number of dwellings which could not be justified. The bands were increased back to the original level. This may have happened in your case.

    Ask the VOA the exact reason for the increase and if you are still not happy, use your right of objection to the increase.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • superflygal
    superflygal Posts: 1,122 Forumite
    Thanks Lincroft.

    Seems unfair that a person trusted to make decisions can then be overruled at a later date as that decision was deemed not a competent one.

    My case was only last year 13 months ago precisely. I will do as you say and ask why this has happened.

    SFG x
  • lincroft1710
    lincroft1710 Posts: 18,958 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    A poor decision is a poor decision, fairness is correcting an error.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Like Superflygal above, I have just received notification that after successfully challenging my Tax Banding in 2008 and getting it reduced to Band F, I also have had the banding increased out of the blue back to Band G.
    After speaking with a neighbour they have just challenged their banding, as their house is identical in every respect to mine and theirs is still a Band G. I contacted the VOA who have stated that they have looked at the banding and the property they used to compare and eventually increase mine was the neighbour who is challenging their Banding!!!
    The VOA state they no longer have the original documentation from 2008 due to a lack of space and their computers were changed 4 years ago resulting in all their data being lost. Luckily, knowing how Agencies like this work I still have all the original paperwork and their decisions etc.
    I believe I should be ok in any case, as the evidence which I provided then is still relevant and clearly highlighted that the Banding was definitely Band F and I believe potentially I could have argued a case that it should in fact be Band E. However, they have already increased my Council Tax payments and I am forced to go through this process again, for no other reason than what I believe to be the incompetence of the VOA.
    I am replying to the above to raise a few issues, which members may be able to help me with.
    1. How long should their Official documents (hard copies and electronic files) be kept as I am unable to find this anywhere and the VOA have been unable to help me.
    2. After my reduction in Banding are the the VOA or local Council under an obligation to notify owners of identical properties in my development of a reduction in banding? I am certain that if there had been an increase in the Band, they would have been sent a bill!!
    3. Can they use a property to review my Band, who is actually challenging their Banding, this appears to be a no lose situation for them.
    4. Prior to any possible appearance at a Tribunal (I know I may be jumping the gun somewhat), am I entitled to view their evidence for the re-banding like you would be entitled to in a criminal Court.
    5. If I make a Freedom of Information request are the VOA obliged to provide all their papers relevant to my case.
    I have found my dealings with the VOA to be extremely difficult. They appear to work in total secrecy, they appear not to be obliged to provide you any information and they appear to act without integrity and openness.
    It really is time they joined the 21st Century!!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    2. After my reduction in Banding are the the VOA or local Council under an obligation to notify owners of identical properties in my development of a reduction in banding? I am certain that if there had been an increase in the Band, they would have been sent a bill!!
    If a property has the band changed then a revised council tax notice will only be sent to the current tax payer for the property, there's no requirement to notify neighbours etc.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • lincroft1710
    lincroft1710 Posts: 18,958 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'm ex VOA and will try and help.

    I'm not sure about keeping of records. From memory, routine correspondence such as request for and reply to seeking CT reduction (where no formal appeal) could be destroyed after 2 years. In many cases, there may not be any supporting evidence or reasons for agreeing reduction.

    VOA should reduce the bands of any known similar properties.

    There is nothing in CT legislation restricting the VOA's choice of dwelling as evidence. However VOA policy is to avoid using a dwelling where the band is in dispute, unless there is good reason (e.g. April 1991 sale).

    If there is a Tribunal hearing, the VOA have to send their evidence to the CT payer prior to the hearing.

    There are exemptions to FOI, so if any document or evidence is exempted, this could not be provided.

    The VOA are under no legal obligation to supply any information other than CT bands unless a valid appeal is made against a CT band.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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