Council Tax - moved house before rebanding

nickwlee

I moved house about 6 months ago, the chap that bought the house, rang me to say he has challenged the banding and the council tax has dropped one band.

I spoke to the valuation office today about the property they said I need to speak to the council tax people at the council as the banding has now been changed. I rang the council and they said I am entitled to nothing as the banding change was applied after I moved out.

Is this correct ? Does the refund only apply to the current occupants only?

Responses appreciated.
kind regards,
Nick

vivatifosi

Hi Nick,

It depends on when the valuation change is dated from. I moved into a house and challenged the banding and the people who I bought the house from were entitled to a huge refund (about £2k). It depends on what the circumstances were. If the banding was wrong to start with, chances are the valuation is back to when council tax was set. If the banding was changed due to circumstances in your local environment (eg they've built a big supermarket next to your old house and its affected the value), then the date will be more recent.

The way to find out if you are to is to go to the VOA website, look up your house and check out the date that the banding is "effective from". If the effective from date is prior to your moving out, you should be entitled to the difference paid over the correct banding between the effective from date and your date of moving.

nickwlee

Thank you very much.

According to the voa site the valuation is effctive from 01/04/1993.

So do i just write to the local council tax then to reclaim?

vivatifosi

That's what I would do. Tell them that you note from the VOA website that it is effective from then and that you will let them have some time to contact the VOA and work out your refund. They really are dependent on the VOA and it may be they just haven't realised.

Any problems, many people on the main Council Tax thread have been through this and we all get our money, so the path has been well trodden before you.

Here's hoping its a nice big fat cheque!

nickwlee

Is there any legislation on this that they legally have to pay me back? this is nottingham city council and they don't seem to have a clue!?

vivatifosi

Hi Nick,

There must be legislation, but I don't know what it is or where to find it. When I discussed my CT refund with my local council they said straight away that they had a duty to find the previous owners.

You can get a copy of the tribunal decision on your old house from the VTS website. That should confirm the date. Perhaps you can send a copy to the council with a covering letter saying you would like your money back. I mention the VTS website because that way it will just confirm the effective from date is correct on the VOA website in case there is a data entry error, or the site hasn't been updated, and that's why they won't give you anything.

nickwlee

There is no data on the VTS site. Speaking to the new owner of the house he said the voa rebanded with little prob. Looking at the VOa site they have set the effective date as 1993, whereas the LA say their system says the valuation was effective from 17/03/07. Clearly they are trying to pull a fast one!
I've wrote to them include the VOA printout of the band and the effective date. Hopefully this will get them moving. I spoke to the VTS last week and they said the LA should be paying out. So Im sure it will happen... eventually!

Thanks again for your help, it is appreciated.

kind regards,
nick

vivatifosi

Good luck Nick,

Don't give up, you'll get there eventually! If push comes to shove, get the VTS to write to you and confirm what they said by telephone. You're doing everything right...

Here's to the big fat cheque that should be coming soon!

nickwlee

Well, i contacted the valuation tribunal service last october, they agreed with my case, they suggested the following, write to the council telling then give them two months to reply.
I wrote the council again last month after they ignored my letter, no response again.
i sent a letter monday to the valuation tribunal service, they rang me tuesday to say the council said they got my letters, but they had been overlooked. Today I have a cheque for over £600!!

thanks for the advice guys. i stuck in and got the refund!!

Result!:beer:

Nick