Council Tax

withabix

Lewigreg081281 wrote: »

a single story extension with external door , which is exactly what it is.

Brick the door up.

If it has it's own front door, it is normally liable for it's own Council Tax, except when the occupants are exempt.

John_Pierpoint

Lewigreg081281 wrote: »

Cheers for the replies.

In thinking of ringing the VOA tomorrow to seek some advice on any changes my parents can make eg taking out the hob. I've asked the voa officer dealing with it all via email but not received a response.

My experience, of trying to establish a dialogue with the tax system of the UK, is that the standard response is that "if you need advice go and buy it from a professional".

I don't know if this is part of the civil service training, an attempt to increase the non productive poacher and gamekeeper industry, or a simple cultural effect created by our adversarial legal system, designed to create a "winner", rather than get to the truth.

[I am not necessarily saying it is a bad system - I am just saying that is the way it is]

lincroft1710

John_Pierpoint wrote: »

My experience, of trying to establish a dialogue with the tax system of the UK, is that the standard response is that "if you need advice go and buy it from a professional".

The reason is that if they don't give advice they can't be accused or sued for giving the wrong advice.

One of my senior colleagues (I'm ex VOA) once said that we weren't paid to give advice, just deal with the situation according to the relevant procedures and legislation and any disagreement or query on interpretation was a matter for tribunals and courts to decide.

CIS

One of my senior colleagues (I'm ex VOA) once said that we weren't paid to give advice, just deal with the situation according to the relevant procedures and legislation and if any disagreement or query on interpretation was a matter for tribunals and courts to decide.

Exactly the way I work - I give information based on legislation, what the customer makes of it is their decision (although I'm a bit more relaxed with the info I give on here).

Lewigreg081281

Further update:

For the time being I have manage to get a 50% second home discount for the extension which is now banded A. This is more than likely going to end at the end of the tax year with the gov cuts.

I also contacted the solicitors and she has contacted the VOA assessor. At first the solicitor didn't answer my call due to her being 'unavailable at the moment', however as soon as I asked for the managing partner the secretary soon put me through.

She agreed to speak to the VOA officer to confirm 100% the works needed to change the banding. Again denying that they are at fault. All she keeps saying is they just went off it being a extension and isn't to know whats in it. I explained she'd been given both the sale brochure and a in-dept survey which my parents had done which detailed everything in the extension as did the sales brochure. Plus the VOA and local council are also telling me the specifically ask solicitors to advise of such matters. I have also found that the VOA sit has a indicator if a property has undergone works and that this would be subject to an assessment should a sale take place. Surely a solicitor should know of these things and advise accordingly.

She came back to me a couple of days later explaining the external door isn't a issue and asked if the extension can be accessed through a main part of the house as this can make them exempt. I said it can be accessed through the main kitchen. She just confirmed that removing the hob, sink etc would be fine and the ensuite can stay. I just need to fill in a proposal form for the VOA.

Not being filled with much confidence in what the solicitors have done so far I contacted the VOA assessor myself. The solicitor has totally misunderstood what he'd said. We have not to fill in a proposal as this would have the assessment done again. What we actually have to do is send some details of the works we are planning to do. The external door is also a issue which again the solicitor had got wrong. The VOA guy has been helpful he has given me his direct email and said if i put together an email with what works are to be done he will advise from there rather than my parents wasting further money.

He basically said there are 2 options:

1. Brick up the external door.

2 remove the hob, hot and cold water supply etc which has to change the character of the room. It also has to be done so it can't revert back.

I put the question to him about what if it shares any of the plumbing etc with the ensuite how would that work because obviously they'd need hot and cold water for that. He said he can't advise on that but if I put the detail of works in a email he'll come back to me.

I have emailed the solicitor again saying she'd totally misunderstood him. I explained exactly what we have to do and also that my parents are not happy as they feel strongly they shouldn't have to change anything as they purchased it with the impression it was band C. They feel totally let down by the service and feel that a solicitor is hired to protect a client form such matters.

I feel as though she isn't bothered one bit and just attempts to help in her down time. At the beginning of Dec she said she'd get a litigation solicitor onto it and also speak to the local council which I believe she never did.

I don't know what to do next. I've already put a formal complaint in against the estate agents whihc they are dealing with. I was holding back on the solicitors in the hope they could do something to help but I feel nothing can be done now.

I've spoken with the property and law ombudsman and been advised that both should of made it clear to my parents.

Basically my parents are stuck with a £1000 a year bill for the next say 30yrs and then theres the effect it has on the re-sale value. Or they end up out of pocket for the works to kate the hob etc out and therefore have the extra charge of it being a band D and that's if the shared plumbing doesn't cause an issue or no doubt further works will be needed.

On top of all that theres the stress, emotion etc that they have gone through and that actually made my parents ill. Thats not to mention all my time doing leg work for what i see is the estate agents and solicitors mistake.

Do I just put the complaint in against the solicitors?

Thanks

lincroft1710

Lewigreg081281 wrote: »

I put the question to him about what if it shares any of the plumbing etc with the ensuite how would that work because obviously they'd need hot and cold water for that. He said he can't advise on that but if I put the detail of works in a email he'll come back to me.

I'm ex VOA and we used to advise that the water supply should be capped just beneath the plaster where the taps are and then plastered over. If the plumbing is shared this wouldn't affect the water supply to the en suite.

BTW I used to find that solicitors' knowledge of Council Tax law and interpretation was quite poor.

CIS

BTW I used to find that solicitors' knowledge of Council Tax law and interpretation was quite poor.

Your being generous - I have on more than one occasion suggested they go and read legislation before commenting further.

Lewigreg081281

Thanks again guys.

Is there any legislation documents I can download or maybe a code of practice that solicitors follow?

The property ombudsman had a code of practice on their site and I've dropped some points from that into my estate agent complaint.

I'm thinking about just writing the complaint this evening and getting it sent to the solicitors.

Thanks

CIS

Any solicitors code of practice would probably be written by the law society so it may be worth looking on their site.

lincroft1710

CIS wrote: »

Your being generous - I have on more than one occasion suggested they go and read legislation before commenting further.

On one occasion I was very tempted to suggest to the solicitor that he should give me 50% of his fee as I was giving him legal info which he was going to convey to his client.