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£5000 bill for 5 – 6 years of outstanding council tax bill!, Landlords fault !!!

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  • justwondering25
    justwondering25 Posts: 266 Forumite
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    CIS wrote: »
    I don't know - a property can only be charged council tax from the effective date it is banded, never before. Has the landlord got the wrong end of the stick somewhere.

    I suppose it is possible the VOA have typed the wrong date on the letter and given the correct one to the council - check here and see if it's been updated yet - https://www.gov.uk/council-tax-bands

    If you need it. Section 2 of the Local Government Finance Act 1992 sets the conditions which must apply on any particular day for Council Tax to be due on the dwelling. This includes the condition of charging for whatever band appears on a valuation list - no entry on to the list, no band and hence no charge.



    Regulation 17 and 20 of the Council Tax (Administration and Enforcement) Regs 1992 also prevent a bill being issues if the property is not shown on a valuation list.


    Craig

    I have checked and yes the property is listed on the website.

    Should I ask when I call the council in the morning, what date the they have listed the effective date from, or is there a way to find that by using the website, what is the best question to ask, will the VOA officer filled in a official form online that I can cross reference, as I imagine when I call the council I will simply be dealing with a operator, that at best can push me upwards to a manager.
    !!!!! Lifes wonderful !!!!!
  • justwondering25
    justwondering25 Posts: 266 Forumite
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    lincroft1710 wrote: »
    I think the VOA is incorrect. As CIS says, council cannot charge council tax for a period before an effective date.

    I have known (admitted by a revenues officer) councils who have "tried it on" by sending bills out predating an effective date, but usually by only a few months. If taxpayer refused to pay council would not pursue

    Thank you for all the advice, do you know, if once a effective date has been entered, even if entered incorrectly by the VOA is it fixed as the effective date, I am hoping when I call tomorrow I can simply ask them to back date the bill to 29th of January 2017
    !!!!! Lifes wonderful !!!!!
  • CIS
    CIS Posts: 12,260 Forumite
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    Should I ask when I call the council in the morning, what date the they have listed the effective date from, or is there a way to find that by using the website, what is the best question to ask, will the VOA officer filled in a official form online that I can cross reference, as I imagine when I call the council I will simply be dealing with a operator, that at best can push me upwards to a manager.
    The VOA will have supplied the information direct to the council in a report.

    The effective date should be shown on the VOA website as the 'with effect from' date but that is the one held by the VOA. If the council have a different date you cannot see that date online (unless the council allow an online acct access and it shows on there).

    Craig
    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.
  • CIS
    CIS Posts: 12,260 Forumite
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    justwondering25 wrote: »
    Thank you for all the advice, do you know, if once a effective date has been entered, even if entered incorrectly by the VOA is it fixed as the effective date, I am hoping when I call tomorrow I can simply ask them to back date the bill to 29th of January 2017

    Errors can be corrected by the VOA if they've input the wrong date - part of the duty to maintain an accurate list.

    Craig
    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.
  • justwondering25
    justwondering25 Posts: 266 Forumite
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    CIS wrote: »
    The VOA will have supplied the information direct to the council in a report.

    The effective date should be shown on the VOA website as the 'with effect from' date but that is the one held by the VOA. If the council have a different date you cannot see that date online (unless the council allow an online acct access and it shows on there).

    Craig

    Thank you Craig, how can I check the VOA site to show the effective date detailed.
    !!!!! Lifes wonderful !!!!!
  • CIS
    CIS Posts: 12,260 Forumite
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    justwondering25 wrote: »
    Thank you Craig, how can I check the VOA site to show the effective date detailed.

    It's the link I posted a few postd back.

    Craig
    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.
  • justwondering25
    justwondering25 Posts: 266 Forumite
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    CIS wrote: »
    It's the link I posted a few postd back.

    Craig

    Ah, I checked that by putting In the post code and it just seemed to detail the property, but not a effective from date.

    Perhaps because I used my phone as opposed to my computer.
    !!!!! Lifes wonderful !!!!!
  • CIS
    CIS Posts: 12,260 Forumite
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    justwondering25 wrote: »
    Ah, I checked that by putting In the post code and it just seemed to detail the property, but not a effective from date.

    Perhaps because I used my phone as opposed to my computer.

    Possibly (or it may not have updated yet,it can take a few days to be visible).

    Craig
    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.
  • justwondering25
    justwondering25 Posts: 266 Forumite
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    CIS wrote: »
    Possibly (or it may not have updated yet,it can take a few days to be visible).

    Craig

    I have checked again on the link you sent , my mistake previously , as I had not clicked on the name of the property , which in turned pulled more info....such as the effective date , on the VOA website it does state the 29th of January 2017 as the effective date.

    the website states :-

    Last update on 05/02/2017

    With Effect from 29/01/2017

    Mixed usage :- No

    Does this mean I should appeal the back dated charges ? the VOA officer keeps telling my landlord the effective date is not the issue as the property has a tenancy agreement dating back to 2011....do I good grounds for appeal or would we be just flogging a dead horse , I appreciate all the help and you have clearly detailed above the rules....but based on what you know....am I just clutching at straws at this point.......
    !!!!! Lifes wonderful !!!!!
  • CIS
    CIS Posts: 12,260 Forumite
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    edited 8 February 2017 at 1:51PM
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    justwondering25 wrote: »
    I have checked again on the link you sent , my mistake previously , as I had not clicked on the name of the property , which in turned pulled more info....such as the effective date , on the VOA website it does state the 29th of January 2017 as the effective date.

    the website states :-

    Last update on 05/02/2017

    With Effect from 29/01/2017

    Mixed usage :- No

    Does this mean I should appeal the back dated charges ? the VOA officer keeps telling my landlord the effective date is not the issue as the property has a tenancy agreement dating back to 2011....do I good grounds for appeal or would we be just flogging a dead horse , I appreciate all the help and you have clearly detailed above the rules....but based on what you know....am I just clutching at straws at this point.......

    Yes. That would appear to confirm the date in your letter so nothing should be backdated before that date. Regardless of any discussion over the date the VOA have used the Local Authority cannot bill someone for Council Tax prior to the start date that a property was entered in to a valuation list from. - effectively the property 'did not exist' for council tax purposes prior to the VOA entering it in to the valuation list.

    If the council insist on going back prior to this date then a valuation appeal would be needed.

    Craig
    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.
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