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

NCC-1701

When was next door converted?

lincroft1710

blundenkate wrote: »

Does anyone know if i’m Able to claim for a rental property which I moved out of last month?
With the exception of two which are the big semi’s at either end, every other house in the street is band D. However I was paying band E for a two bed one bath terraced house. Next door is converted to have 3 bedrooms and two bathrooms and is still only band D. It only came to my attention this month when I moved a few streets over into an almost identical house and saw I was on Band C. I did some digging and think i’ve Been wildly overcharged for the year and a half I lived in the old house. Any advice would be appreciated ��

You cannot claim as you are no longer the taxpayer, you will have to ask the current taxpayer at your old house to appeal the band.

Gerry56

I have challenged the VOA over a property banding. I have already been to Tribunal as my proposal was outside the 6 month deadline. Despite the VOA having accepted my proposal in writing, conducting further assessments, missing their own deadlines and the Tribunal being cited as a "Valuation Tribunal", rather than a "Proposal Validity Challenge" (which is one of the types) the VOA managed to get my proposal declined as invalid. Convinced of the evidence I provided, I asked what was the next step. I was told that I could ask the VOA to review again.
In spite of my sending details of approximately 17 other properties in the same post code (most of similar value but with a Council Tax band lower) to demonstrate the error in valuation, the VOA, providing no evidence or counter argument to mine, has still said they believe the band is correct.
I have replied saying I am not happy to accept their decision with no evidence to back it up and that I am considering taking legal advice.
Is this the next stage for us?, and does anyone know what the grounds would be? I can only think it is obtaining money by deception (i.e. the VOA is claiming the 1991 property value is higher than it actually is).

CIS

The VOA can look at a band at any time however the formal appeal limits are set strictly in legislation. If the tribunal have looked at the appeal and determined it was out of time & refused it then there's not a lot you can do about it other than to appeal the out of time decision itself. Taking further action against the tribunal would need a High Court appeal.

Even if the High Court ordered the tribunal to accept an out of time appeal all that does is allows you to make the appeal, you'd still have to win the appeal.

Tribunal being cited as a "Valuation Tribunal", rather than a "Proposal Validity Challenge"

The valuation tribunal is still the valuation tribunal, regardless of what particular case it is hearing- the types of cases they deal with are categorised for administrative and legislative purposes.

Is this the next stage for us?, and does anyone know what the grounds would be? I can only think it is obtaining money by deception (i.e. the VOA is claiming the 1991 property value is higher than it actually is).

There's no way you'd get a criminal case through against the VOA or the tribunal.

lincroft1710

Gerry56 wrote: »

I have challenged the VOA over a property banding. I have already been to Tribunal as my proposal was outside the 6 month deadline. Despite the VOA having accepted my proposal in writing, conducting further assessments, missing their own deadlines and the Tribunal being cited as a "Valuation Tribunal", rather than a "Proposal Validity Challenge" (which is one of the types) the VOA managed to get my proposal declined as invalid. Convinced of the evidence I provided, I asked what was the next step. I was told that I could ask the VOA to review again.
In spite of my sending details of approximately 17 other properties in the same post code (most of similar value but with a Council Tax band lower) to demonstrate the error in valuation, the VOA, providing no evidence or counter argument to mine, has still said they believe the band is correct.
I have replied saying I am not happy to accept their decision with no evidence to back it up and that I am considering taking legal advice.
Is this the next stage for us?, and does anyone know what the grounds would be? I can only think it is obtaining money by deception (i.e. the VOA is claiming the 1991 property value is higher than it actually is).

To add to CIS's comments.

If you made your proposal outside the 6 month time limit, the VOA must enter it into the system but will treat it as invalid. Unless you withdraw the proposal it will proceed to a VT hearing where the tribunal will rule on its validity.

The VOA are only allowed to produce sales evidence where a valid proposal has reached the stage of an imminent hearing. They are therefore correct in not providing evidence.

Regarding obtaining legal advice, most solicitors haven't a clue about CT legislation as they will probably never deal with it in their career.

As the VOA do not receive any money from CT payments, they could hardly be charged with obtaining money by deception!

CIS

Regarding obtaining legal advice, most solicitors haven't a clue about CT legislation as they will probably never deal with it in their career.

Very true in my experience (I usually pick up the pieces)

blindman

Hi

When we moved into our house in 1996 I challenged the banding within the 6 months.

Council said No-so I left it.

Just had a cold caller stating his "firm" could win my case as they can challenge again (whereas I cannot).

I told him to sling is 'ook

Anyone else had these kind of cold callers?

Why would he be able to challenge the Council decision ?

I am now wondering if it is worth my while going to the VOA, though all same properties near me are in the same band.
However the value was an over value of these houses in 1991 as the sale prices in 1996 was £10k lower for a few of them-mine included.
This £10k drops us ALL into a lower band.

Thanks

CIS

I told him to sling is 'ook

Anyone else had these kind of cold callers?

Why would he be able to challenge the Council decision ?

Although I deal with council tax disputes/tribunals etc I stay well away from re-banding. Whilst I was still working for a council I dealt with re-banding companies regularly, most of them had no interest at all in anything other than the money (as soon as there were any issues or they realised the money wasn't the amount they expected they disappeared off quickly).

Outside of the 6 month period for an appeal all they can do is to ask the VOA nicely to check their records (unless they could persuade the tribunal to allow a late appeal, which is rare).

However the value was an over value of these houses in 1991 as the sale prices in 1996 was £10k lower for a few of them-mine included.

House prices in the early/mid 1990's were quite volatile so a £10k drop wouldn't be unexpected from the value in 1991.

blindman

CIS wrote: »

I dealt with re-banding companies regularly, most of them had no interest at all in anything other than the money (as soon as there were any issues or they realised the money wasn't the amount they expected they disappeared off quickly).

No surprise there :cool:

Outside of the 6 month period for an appeal all they can do is to ask the VOA nicely to check their records (unless they could persuade the tribunal to allow a late appeal, which is rare).

Could I do this?

House prices in the early/mid 1990's were quite volatile so a £10k drop wouldn't be unexpected from the value in 1991.

I have just searched through all the bumpf I got when we paid off the mortgage.

I have found documents
14th Aug 1989
NHBC Insurance on the new house was valued at £85 K

30th March 90
First buyer bought from builder at £85K

6th Aug 91
House revalued due to separation of first buyers £75K

23 August 96
Sold at £75K

Would this be classed as evidence to support my claim of changing the banding from "E" to "D"

I did not have this information when I bought in '96 and just had to rely on the Council Officer.

Thanks

CIS

blindman wrote: »

I have just searched through all the bumpf I got when we paid off the mortgage.

I have found documents
14th Aug 1989
NHBC Insurance on the new house was valued at £85 K

30th March 90
First buyer bought from builder at £85K

6th Aug 91
House revalued due to separation of first buyers £75K

23 August 96
Sold at £75K

Would this be classed as evidence to support my claim of changing the banding from "E" to "D"

I did not have this information when I bought in '96 and just had to rely on the Council Officer.

Thanks

There's nothing to stop you asking.