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Council Tax Rebanding Criteria
frugalfiz
Posts: 67 Forumite
My parents have lived in their retirement complex for 6 years and I have always thought their council tax band was wrong but we missed the 6 month deadline for requesting a rebanding. My father has just died and the council tax account is being changed from joint names to my mothers sole name, and the property was owned tenants in common and will be changed to my mothers sole ownership.
Can we use this criteria to appeal the banding as my mother is becoming the new council taxpayer for a property?
Can we use this criteria to appeal the banding as my mother is becoming the new council taxpayer for a property?
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Comments
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http://www.moneysavingexpert.com/reclaim/council-tax-bands-change
See Link Above, note Below re 6 month rule.
A: YOU GET TOLD YOU CAN'T CHALLENGE IT
Many people get told they can't challenge their banding, as they've been in the property more than six months.
If this happens to you, don't worry. The Local Listings Office has a legal duty to ensure all properties' bands are correct, which means, if pushed, it should investigate and alter the Valuation List if it believes it's required.
In March 2013 the Government told the ITV team on the The Martin Lewis Money Show it will push the Valuation Office Agency to consider appeals no matter when they are made.
In a statement to the show, Local Government Minister Brandon Lewis said he has agreed to write to every council to tell them "the right to ask the VOA to check their band is not limited by time". See the Minister's letter and MSE News Story.0 -
Thanks for the info. I will start the process for my mother. There are 27 apartments where she lives, and the upstairs apartments are in band C and downstairs are band D, although they are similar in size and selling prices. Perhaps no one downstairs has ever appealed the bandings (they are all elderly) but it has always seemed unfair to me.0
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In a statement to the show, Local Government Minister Brandon Lewis said he has agreed to write to every council to tell them "the right to ask the VOA to check their band is not limited by time". See the Minister's letter and MSE News Story.
Writing to the councils are a waste of time as very few councils will get involved other than to just direct a person straight to the VOA regarding any banding issues,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.0 -
Your mother cannot appeal the banding as she is not a new taxpayer. As CIS has stated,she can ask the VOA to review the band.
You state that the sizes and selling prices of the GF and FF apartments are "similar". If there is a definite division between prices for the 2 floors, it may be that the notional 1991 values are just below and just above the £68K band break.
Although there is usually no harm in seeking a band review, your mother should bear in mind that there is always a possibility that the VOA may consider that all the apartments should be Band D.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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