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Experience of land valuation tribunal re. Council tax issue

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katejo
katejo Posts: 4,264 Forumite
Part of the Furniture 1,000 Posts Name Dropper
edited 22 November 2013 at 10:19AM in Cutting tax
I am considering taking my complaint about refusal of single person discount to this tribunal. Would just like to hear from anyone who has tried this. I know how to apply and have already had a rejection of my complaint to the Council which is required before applying to the tribunal. Just would like to know a bit about what happens at the tribunal.

I meant Council tax valuation tribunal not Land tribunal.
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  • uknick
    uknick Posts: 1,768 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 22 November 2013 at 11:26AM
    If you don't want to give more details, I understand that, but I'm intrigued how there can be a dispute over single person occupancy.


    Edit: I've now read your other threads.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    How many threads are you going to start on this? That's 3 you have running now.
  • Dimey
    Dimey Posts: 1,434 Forumite
    Yes I appealed and won.

    It drags on a long time and they often lost papers so keep copies. The actual tribunal was at the council offices. Three people in ordinary clothes sat at 3 desks in a room and I had to sit at a desk facing them about 12 ft away from them. The council man sat adjacent to me about 6 ft away.

    The council were invited to state their case. I was then asked questions and had to supply copies of evidence to support what I was saying.

    They didn't like it if I started talking outside answering their questions but at the end I was given the opportunity to add anything.

    The 3 "judges" were rather up themselves and got entrenched in points of law but one of them did try to get compromise more than the other two. One was a kind of head judge who chaired the proceedings.

    They made their decision there and then and confirmed in writing afterwards.

    It's nothing to be worried about. The atmosphere was slightly intimidating but the content was straightforward so long as you've done your preparation and can think on your feet to rebut false allegations with the evidence you've collected.

    Is that what you were after?
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    "Any more posts you want to make on something you obviously know very little about?"
    Is an actual reaction to my posts, so please don't rely on anything I say. :)
  • katejo
    katejo Posts: 4,264 Forumite
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    agrinnall wrote: »
    How many threads are you going to start on this? That's 3 you have running now.

    I am asking a different question. My previous one made no reference to tribunals.
    If you were moving from one rented accommodation to another, would you want your new address passed to the council in your new town?
  • lincroft1710
    lincroft1710 Posts: 18,883 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 22 November 2013 at 4:31PM
    Have been present at numerous VTs in several different counties. Some are held in council offices, some at the VT office, some at village or church halls. Your case may be one of several to be heard, including appeals against CT bands and commercial rating assessments

    The Tribunal will consist of a 3 members (sometimes only 2, but an appellant can insist on 3 members being present, so case would be adjourned) one of whom is the chairman and a clerk who is there to conduct proceedings and advise the members on points of law.

    Although the members will have attended courses regarding CT law, they are not legal experts and are often retired or semi-retired. However, there are members who are/were solicitors, surveyors, councillors, civil servants as well as local business people.

    Procedures are fairly strictly followed and at some tribunals evidence is given on oath. It is not as formal as a trial, but everybody is expected to respect everybody else present. The tribunal is quite hard on people trying to be "clever" or being rude or sarcastic. I'm sure I won at least one case because the CT payer was being unduly antagonistic and critical towards me. Tribunal members can appear to be (and some definitely were) "up themselves", but it's their ball and you play by their rules.

    Decisions can be made at the time or at a later date.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • katejo
    katejo Posts: 4,264 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Have been present at numerous VTs in several different counties. Some are held in council offices, some at the VT office, some at village or church halls. Your case may be one of several to be heard, including appeals against CT bands and commercial rating assessments

    The Tribunal will consist of a 3 members (sometimes only 2, but an appellant can insist on 3 members being present, so case would be adjourned) one of whom is the chairman and a clerk who is there to conduct proceedings and advise the members on points of law.

    Although the members will have attended courses regarding CT law, they are not legal experts and are often retired or semi-retired. However, there are members who are/were solicitors, surveyors, councillors, civil servants as well as local business people.

    Procedures are fairly strictly followed and at some tribunals evidence is given on oath. It is not as formal as a trial, but everybody is expected to respect everybody else present. The tribunal is quite hard on people trying to be "clever" or being rude or sarcastic. I'm sure I won at least one case because the CT payer was being unduly antagonistic and critical towards me. Tribunal members can appear to be (and some definitely were) "up themselves", but it's their ball and you play by their rules.

    Decisions can be made at the time or at a later date.
    Very helpful thanks. I am unlikely to proceed though I am sure that I am being treated unfairly. I would not perform well under stress in court.
  • lincroft1710
    lincroft1710 Posts: 18,883 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    katejo wrote: »
    Very helpful thanks. I am unlikely to proceed though I am sure that I am being treated unfairly. I would not perform well under stress in court.

    The other side are under just as much stress, believe me!

    Tribunals are generally quite patient and understanding and expect appellants to be nervous. Your case is quite straightforward - you had a lodger, but he left, you have no contact address, you now want your 25% single person discount reinstated.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • katejo
    katejo Posts: 4,264 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The other side are under just as much stress, believe me!

    Tribunals are generally quite patient and understanding and expect appellants to be nervous. Your case is quite straightforward - you had a lodger, but he left, you have no contact address, you now want your 25% single person discount reinstated.

    Not quite correct. My lodger hasn't quite left yet and he has indicated that he may agree to provide it but why should he ? His council tax account at his new address is his business not mine or that of Waltham Forest council. He will be renting with a partner who also deserves privacy. The council insists that it has the right to check his address.
  • anselld
    anselld Posts: 8,639 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    katejo wrote: »
    I am asking a different question. My previous one made no reference to tribunals.
    If you were moving from one rented accommodation to another, would you want your new address passed to the council in your new town?

    Four threads actually, yawn! Get over it. You stated on a previous thread this was only for a couple of months over Christmas so it really is not worth the effort.
  • lincroft1710
    lincroft1710 Posts: 18,883 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    katejo wrote: »
    Not quite correct. My lodger hasn't quite left yet and he has indicated that he may agree to provide it but why should he ? His council tax account at his new address is his business not mine or that of Waltham Forest council. He will be renting with a partner who also deserves privacy. The council insists that it has the right to check his address.

    The council have a duty to ensure CT fraud is not being committed. So if a CT payer proves the council with the new address of the former 2nd occupier means if the council have doubts about the validity of a claim for SPD, they can check the information.

    Do be aware that if you are obstructive in providing information the council require in order to process your claim, you will be liable to pay the full amount until such time as the matter is resolved. An appeal to the Valuation Tribunal can take several months before it is actually heard.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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