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MSE News: Council tax rebanding hope as Government pushes to end incorrect 'six-month

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"Households who try to get their council tax band lowered have been given a boost ..."
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Council tax rebanding hope as Government pushes to end incorrect 'six-month rule'

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  • Rebel_Hedgehog
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    I wish the programme makers would do their research properly; it's embarrassing.

    Anyone who becomes a new taxpayer in a property has 6 months to lodge an official appeal. This means that if you don't agree with the valuation office response you have an opportunity to take the case before an independent tribunal panel

    Any other taxpayer has the right to ask the valuation office to look into their banding if they feel it is wrong. The only difference is there is no right to take to a tribunal if they don't agree with the decision.

    What the council has to do with it all I haven't the foggiest as they do not maintain the council tax list.
  • boxerbertie
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    I converted my barn in 1999 and am now starting to think the council tax band it has been given maybe wrong especially as the number of bedrooms has been reduced from 3 to 2 in the last two years. Do you think I can appeal against this or does it only apply to buildings in existence in 1991.
  • Wywth
    Wywth Posts: 5,079 Forumite
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    According to the VOA website (and assuming your council won't play ball), it says you can only appeal a council tax banding within 6 months of becoming the account holder (assuming nothing has actually changed, like you have demolished the property, and the argument is simply that you think you are in the wrong band originally)

    http://www.voa.gov.uk/corporate/CouncilTax/whatToDoIfYouDisagreeWithCTBand-England.html#circumstances
  • CIS
    CIS Posts: 12,260 Forumite
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    and assuming your council won't play ball

    Whether the council 'play ball' or not has no bearing in the matter - in England and Wales the council have no say at all in respect of banding a property.
    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: 17,773 Forumite
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    If the government wants to end the "6 month time limit", then all they have to do is pass the necessary legislation. After all they decided to incorporate this in the original 1992 CT legislation.

    However it may help if MSE get their facts right as Rebel Hedgehog has pointed out. The council aren't involved and the VOA has a statutory duty to ensure bands are correct.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Rebel_Hedgehog
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    I converted my barn in 1999 and am now starting to think the council tax band it has been given maybe wrong especially as the number of bedrooms has been reduced from 3 to 2 in the last two years. Do you think I can appeal against this or does it only apply to buildings in existence in 1991.

    To answer your question you are out of time to make an offical appeal which would give you the right to take to a tribunal

    However, if you think your banding maybe incorrect contact your local VOA office and state that you would like a band review carried out (it is totally free of charge) -am I to assume the loss of third bedroom is because you have made that space into something else or have you actually lost m2 through demolition as that would be a valid reason to appeal down the route of "material reduction in the value of the dwelling"

    Here to help if you provide some more details...
  • boxerbertie
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    Hi RH we originally converted the barn into three bedrooms as a holiday let but then changed the usage so my mother could live in it full time and knocked two rooms into one so the actual floor space is the same just smaller number of rooms.
  • lincroft1710
    lincroft1710 Posts: 17,773 Forumite
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    Hi RH we originally converted the barn into three bedrooms as a holiday let but then changed the usage so my mother could live in it full time and knocked two rooms into one so the actual floor space is the same just smaller number of rooms.

    As VOA tend to compare on size rather than number of rooms, there probably won't be any band reduction.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • LisaB1968
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    one of my neighbours has a house exacactly the same as mine and my neighbours, but their house is in band A, mine and 6 others is in band B should I apply for re banding? I'm not bothered about the neighbour as theyre on benefits and dont pay council tax.
  • lincroft1710
    lincroft1710 Posts: 17,773 Forumite
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    LisaB1968 wrote: »
    one of my neighbours has a house exacactly the same as mine and my neighbours, but their house is in band A, mine and 6 others is in band B should I apply for re banding? I'm not bothered about the neighbour as theyre on benefits and dont pay council tax.

    Definitely worth asking for a rebanding.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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