Council tax overpayment and "solution"

HurdyGurdy

Not sure this is the best forum, but will give it a try

A work colleague of mine moved into what is essentially a log cabin in someone's garden. She's been there about two years now, maybe a bit longer.

We kept on telling her that she was paying way too much council tax. Her accommodation is a bedroom/sitting room, bathroom and kitchen, and she was paying £240 a month council tax. It was not included in her rent - she paid the local authority direct.

I live a few streets away and for our three bedroomed semi, we were paying less than that. She's Romanian and when they told her what she had to pay, she said she didn't know any different, so just accepted that that was the correct amount.

Anyway, she eventually raised it with the local authority, who have finally written to her and agreed that they made a mistake, and she had been paying the council tax on the entire property - the main house AND her little log cabin.

They have told her that to make up for this she doesn't have to pay any council tax for the next 18 months.

This surely can't be right! She's really struggled for money for the last 18 months or so. Surely she is entitled to have the overpayment refunded?

Paying no council tax for 18 months is all well and good, but she's renting - suppose she moves on and rents somewhere else?

Is she able to insist on a refund?

CIS

Assuming England and Wales ;



Something is not right here unless the situation has been corrected via the valuation office agency banding the property in it's own right and issuing it's own council tax band. That would be the only way in which she would be liable for the council tax charge (presumably it's her 'sole or main residence' ?). If the council were unaware of the two properties and were simply told someone had moved in the property then they would bill that person if they were none the wiser as to the overall situation.

On the basis that this is what has happened then a refund can be argued under the council tax (administration and enforcement) regs 1992. It is an argument I have never actually had to make with a local authority but it would be interesting to see what their refusal would be based on when compared to legislation.

HurdyGurdy

Thank you CIS. I will show her your post at work tomorrow and see if she has any more information from when she moved into the property as to how the cabin was assessed. I don't know if she is their first tenant or if there have been others before her

CIS

HurdyGurdy wrote: »

Thank you CIS. I will show her your post at work tomorrow and see if she has any more information from when she moved into the property as to how the cabin was assessed. I don't know if she is their first tenant or if there have been others before her

If the property has been banded now (as I suspect) the date of the banding will be given in the link I gave above providing you know the address.