'Council Tax 6 month rule: proposing a halfway house to the Minister' blog discussion

Former_MSE_Lee

This is the discussion to link on the back of Martin's blog. Please read the blog first, as this discussion follows it.

Read Martin's "Council tax 6 month rule: proposing a halfway house to the Minister" blog discussion" Blog.

Please click 'post reply' to discuss below.

vivatifosi

Martin I wanted to outline why I think it is so important that you win this concession.

When I moved into my house four years ago I was amazed at how expensive the council tax was. Because the house had been built after the 1991 evaluation, it was in a band with houses that were routinely selling for £100k more, yet it was only an average 3 bed semi.

I appealed to the VOA who said no, they would not reband my house. I fought the decision and won at appeal at the VTS. My neighbours and I then worked together as they could then appeal off the back of my successful appeal. Collectively we estimate we won approximately £110k in rebates over about 100 houses. I have heard that ours is the largest ever rebanding case in this area.

However if I hadn't appealed and opened up the right to others, then all those other householders would never have been put in the correct band. Many of these people had read MSE and contacted the VOA, but as you had stated, they were told that they were out of time and therefore had to continue to pay at the higher rate. It is absolutely crazy that long-term residents should have to wait for a total stranger to move into their street and appeal successfully before they get the justice they deserve.

System

I think there should no compromise.

Householders should be able to appeal their banding at any time.

The only possible limit should be the duration of any retrospective claim - e.g. any refunds (or even increases) should only go back 3 years from the date of the appeal or another time limited duration.

MSE_Martin

Heng_Leng wrote: »

I think there should no compromise.

Householders should be able to appeal their banding at any time.

I agree with a caveat.

I think we can't have people repeat appealing - ie you appeal lose, appeal again lose, appeal again lose etc.

So there has to be some limitations on appeals.

I would of course prefer the 6mth rule to be ended simply, but there is real politique here so any concession would be a good one. Of course though the decision isn't mine its the government all we can do is put the case.

Martin

traycee

Hi Martin

I have followed this story with interest, I am currently unaffected as we live in forces accommodation and thus pay CILOCT (Charge in lieu of council tax) but hope to have a place of our own in the future.

The whole thing seems very unfair. If any private company were knowingly overcharging their clients but refusing to change their tariff we would be appealing to the government to intervene but this is the government! :eek:

I guess the ministers in charge worry that with the current defict that this government are already facing, this could massively reduce future income and potentially mean a huge lumps sum in repayments.

Just a thought but might they be more amenable to removing the 6 month rule if there was no back pay refunds just a reduction in future bills if people were successfully rebanded? Not ideal but could this be a kind of half way house?

I was very interested in vivatifosi story (WOW what a success story) but can easily understand that in the busy period after a house move people could miss the current 6 month dead line.

Would a good temporary way forward therefore be for MSE to focus on encouraging ALL solicitors to include a council tax banding review in the convayancing process for any new clients, when they are moving homes. (Not sure if this currently happens).

I am sure that if the pressure is kept up on the government they will eventually be forced to make this long overdue change!

Traycee

Barabara73

great post !!!thanks

golfiematt

all well and good for those who may make a saving but if you rock the boat too much they will come up with a system where some will end up going the other way and lose out.They have to balalnce the books at the end of the day so for every winner out there, there will be a loser.

janewatts

vivatifosi wrote: »

However if I hadn't appealed and opened up the right to others, then all those other householders would never have been put in the correct band.

Thanks very much for this post.

Very interested to hear if this only applies on appeals? I tried to get my mum's flat re-banded, she has been paying too much for over 10 years, but even though a new purchaser in the same block got their band reduced, my mum was told she had no chance.

Methinks I need to try again, quoting this case...

vivatifosi

janewatts wrote: »

Thanks very much for this post.

Very interested to hear if this only applies on appeals? I tried to get my mum's flat re-banded, she has been paying too much for over 10 years, but even though a new purchaser in the same block got their band reduced, my mum was told she had no chance.

Methinks I need to try again, quoting this case...

Jane your mum has a six month window to appeal the band after the rebanding in the same block. If the VOA doesn't agree she can take it to VTS tribunal on appeal.

JOHNGT

Martin, I am in this ridiculous situation and wrote to John Swinney the Finance Minister in the Scottish Government proposing that they allow appeals at any time but subject to a fee to cover the administration and the Valuation Appeal Committee costs. I suggested £300 or £500 or that the fee could be tiered according to the band being appealed e.g. £50 for band A, £100 for band B and so on.

The fee would be enough to discourage spurious appeals and ensure that only those who were genuinely aggrieved would appeal to the VAC.

Swinney passed my letter to his civil servants in the Scottish Executive who said that they would not change the rules as the SNP government favoured replacing council tax in Scotland with a local income tax. Realistically, that is never going to happen except in the very unlikely event that SNP win a clear majority. As a minority government, they have no chance of getting replacing CT with a local income tax.

Anyway, we have elections up here in May and Labour is expected to win a majority, so let's hope they see sense.