Thoughts on my Council Tax situation - RESOLVED

Andy_01

Hi.
I would like a take on peoples thoughts about my council tax situation.

We moved into a new property just over four years ago, and the property had a ratings banding of 'F'.
Now, I always thought this was high, but checking on-line I could see the banding had been appealed by a previous owner, and the appeal was denied. Because of this, I never perused the matter.

Earlier this year a new neighbour moves in, who has bought a 'Brick for brick' identical property some 50 meters away.
This person has moved in and appealed their tax banding, and the appeal has been successful, and their banding reduced to an 'E'.
During their appeal they identified that in the small development we live in, eight properties exist of identical construction, and one of those has already had their banding reduced to an 'E'.

So, with this information in hand, I have launched an appeal again in writing, of which I have received an outcome today. Appeal denied !!

How can this be, that identical properties, less than 50 meters apart can have different bandings !
The letter received today reports " I have no right of appeal against the decision".
Under the circumstances this can't be right ??
So I can open my front door and look at an identical property, knowing they have a lower tax band !

Anybody have any ideas on my next step, as I feel like pushing it to my local MP and then the local papers.

Thanks

HappyMJ

You have no rights of appeal so there is nothing you can do. You could sell then the new owners will have 6 months to lodge a challenge but then they have to follow the timings exactly miss the deadlines and they lose the right to appeal.

Andy_01

Thanks, but how can this be a correct and just situation ?

Two identicle properties 50 meters appart, with two different bandings, and you have no right of appeal ??

I wonder why people keep leaving this country of ours.
OK, lets track down my MP next !

HappyMJ

Andy_01 wrote: »

Thanks, but how can this be a correct and just situation ?

Two identicle properties 50 meters appart, with two different bandings, and you have no right of appeal ??

I wonder why people keep leaving this country of ours.
OK, lets track down my MP next !

You had the 6 months to challenge the banding 4 years ago. You never pursued the matter. If you challenged you would have had a right of appeal. So that's it by not challenging within the time limit you have agreed the banding is correct. The only way you will get it changed now is if something significant affects your property value.

Edit: If you don't want to sell then rent it out for 6 months to a friend then when you become the taxpayer again you'll have the 6 months to appeal.

Andy_01

Thank you for your insight into this, it is appreciated, I'm just frustrated !

When we moved in I did look into an appeal, but I found that the property had been previously appealed, and was informed (rightly or wrongly) I could not appeal it again.

I have launched this as other same property's in the same road are now getting the banding reduced.
I accept the loop hole you offer about moving out, but the costs out-way the amount that would be gained in changing the banding.
More a matter of principle !

I have followed some information and now sent it to the 'Independent Valuation Tribunal', and will see what there take on the matter is.
I have also now written to my MP, and sent on all correspondence relating to this, and see if I can gain support to take the fight further !

Again, many thanks for you useful information.

Andy_01

Update on this.

I have just spoken to the people in the other house that have just successfully had their banding reduced, and they had lived in the property for 18 months before they launched the appeal.
They had to obtain documented evidence (Which I can also supply) that other same build houses were on lower bandings, and after a fight they won the appeal, and have been credited the difference back to the day they moved in !

So, at the moment I'm taking the six month rule out of the equation, as the neighbour successfully achieved a re-banding later down the road. It can be done !

I will keep you updated.

lincroft1710

If an appeal is made against a dwelling's council tax band on the grounds, for example, that it is too high and the appeal is heard by the Valuation Tribunal who determine that the band is correct, then no further appeal can be made on the grounds that the band is too high by any future occupier even if it is within the 6 month time limit. An subsequent appeal could be made however if, for example, a factory was built at the bottom of the garden or the garage was demolished.

The Valuation Tribunal won't get involved unless you made an appeal, the VOA said it was invalid as it was out of time, and referred it to the the VT for a hearing to determine the validity. At such a hearing, the banding will not be discussed, just whether or not the appeal was correctly made and served. Where an appeal is made out of time, the Tribunal will invariably determine it invalid, but will ask the VOA if they have investigated the band and if not would they do so. They cannot comment on appeals outside of a hearing.

That's the official bit out of the way!

Unless there are special factors which would set your home apart from the others, I have to say that with the evidence of the reductions, it is unusual for other identical dwellings' bands not to be reduced. Are all the houses identical? Does yours have a double garage and the others just a single? Do the other houses have a public footpath adjoining or other nuisance factor?

Andy_01

lincroft1710 wrote: »

If an appeal is made against a dwelling's council tax band on the grounds, for example, that it is too high and the appeal is heard by the Valuation Tribunal who determine that the band is correct, then no further appeal can be made on the grounds that the band is too high by any future occupier even if it is within the 6 month time limit. An subsequent appeal could be made however if, for example, a factory was built at the bottom of the garden or the garage was demolished.

The Valuation Tribunal won't get involved unless you made an appeal, the VOA said it was invalid as it was out of time, and referred it to the the VT for a hearing to determine the validity. At such a hearing, the banding will not be discussed, just whether or not the appeal was correctly made and served. Where an appeal is made out of time, the Tribunal will invariably determine it invalid, but will ask the VOA if they have investigated the band and if not would they do so. They cannot comment on appeals outside of a hearing.

That's the official bit out of the way!

Unless there are special factors which would set your home apart from the others, I have to say that with the evidence of the reductions, it is unusual for other identical dwellings' bands not to be reduced. Are all the houses identical? Does yours have a double garage and the others just a single? Do the other houses have a public footpath adjoining or other nuisance factor?

Thank you for your information, I'm just out of my depth a bit with this
The two propertys I'm aware of that have been reduced from band F to band E are identicle in every aspect ! Brick for brick including the garage !
I just can't see how in these circumstances they can refuse to change ours also ??

lincroft1710

Andy_01 wrote: »

I just can't see how in these circumstances they can refuse to change ours also ??

I have to say I agree.

I'm ex VOA and apart from there being some difference between the situation of the houses which is not easily spotted I can think of only 2 reasons why your band hasn't been reduced.

Firstly there was a Valuation Tribunal decision on your band and the VOA should not amend the band of a dwelling where there has been a VT decision unless there has been a change of circumstances. However from personal experience, if consulted, the VT will not usually object to the VOA lowering a band if new evidence comes to light or there is a change of circumstances.

Secondly, different caseworkers may have dealt with the different appeals. The downside is that the caseworker who dealt with the appeals on the other 2 houses may not have realised there was a VT decision on yours and if he/she becomes aware of this may have to increase their bands.

Andy_01

Again, thanks for the input, its most welcome.
Little update today.

I have discussed the case with the office that issues the refusal.
It appears our local office forwarded to a larger district office.
The chap agreed when I calmly but firmly put my points over that it does appear we should get a change due to the circumstances. And, it should have automatically been done under "consequential" of the neighbours house being lowered.

So, they advised me to write to the local office again, and insist on a "visual conformation" visit.
Letter went tonight, and lets wait and see if they are willing to look me in the eye, outside the two property's and refuse.

Andy_01

Just thought I would update this for the people that were kind enough to offer assistance.
Following my last letter insisting on a visual conformation I received a call from the valuations office yesterday.

They have agreed the re-banding of our property from F to E, without resorting to the visual conformation.

It appears to me that the standard response letter of "No", followed by "I have no right of appeal against the decision", is just a way of attempting to make you go away !
I wonder how many people may have given up at this point ?

My advice to anybody else that has this type of situation, is do your research, list the facts, be polite but firm, and know what buttons to press.

I am very happy with the result. :j