Challenging council tax band

collinsca

Sorry this thread doesn’t really fit here, but I’m struggling to find best fit!

I caught a bit of the ML show recently about council tax bands, but didn’t see it all, so am seeking support here.

My flat is in a block of 6. There is another block of 6 flats adjacent. We are all Band B. We are 2 beds. We form our own management company to handle maintenance fees.

The 1991 structure was:
Band A = property under 40k
Band B = 40001-52k

My flat is worth circa 125k today.

I have located a price of one of the flats as 39,500 in 1995...

So way I see it is our flats should be Band A- and I have the proof that even 4 years after the banding, our properties were in Band A prices. Or have I missed something!?

There is a tool by nationwide that supports that the prices would have been in the 30k region

Other properties in our road are in Band C and some in D. These properties are much larger than ours, 3/4 bed I’d assume.

All advice appreciated!

Thanks

da_rule

Have a read of this: https://www.gov.uk/challenge-council-tax-band

Assuming you are in England, you will need evidence of what your or a similar property sold for between 1 April 1989 and 31 March 1993. Alternatively you can provide evidence that at least 5 similar properties in the same street/estate/village are in lower bands.

collinsca

Thanks .
Sorry yes , based in England .
Well, I have evidence as mentioned in post that a similar property sold for a band A price 4 years after the banding were determined.
So is it that simple ? Or more to it?

If challenging then I would work with the other 11 flats to do the challenge.

da_rule

The sale price that you have provided was a price from after 31 March 1993 therefore cannot be used to challenge the banding.

You need evidence of a sale of your property (or a similar one) from between the dates in my first reply.

Also, the evidence needs to be in the form of the contract of sale, the transfer deed, the lease (if it was the initial grant) or a letter from a solicitor involved in the transaction. Evidence from websites isn't acceptable.

collinsca

thanks again.
ok, understood, needs to be specific within those dates.

where might i find evidence you mentioned (form of the contract of sale, the transfer deed, the lease (if it was the initial grant) or a letter from a solicitor involved in the transaction)?

Sounds like it could be complicated... but if it could save 1000s then worth the effort.

IF i found the evidence, would it be an "open and shut" case- clearly the banding was incorrect? or is it more complicated than that? i.e. could council say things have changed since 1991 and our flats are of now Band B quality, or something!?

da_rule

You could apply for copies of the transfers/leases from the Land Registry, but you would need to know the relevant transfer/lease date. The other things you probably won't be able to find unless you happen to have them in your deeds for your flat (some people keep the sale contracts as well as the transfers etc).

Also, you need to remember that you are applying for a revaluation and therefore they can decide that the banding should have been higher and therefore charge you (and potentially your neighbours) extra.

Nothing is 'open and shut', but if you can find that your property sold, between those dates, for less than £40k then you may have a strong case. Using similar properties is less certain as you potentially would have to prove that it was similar to yours at the date of sale (i.e. they haven't extended it or done something to add value since).

collinsca

thanks again.

The flats wont have been extended or had anything done to add value - im confident of that. theyre very basic
The flats do have private parking and a garage each though - not sure if that would become a factor?

appreciate this would be a revaluation and could impact neighbours. Also take on board your comment "Nothing is 'open and shut', but if you can find that your property sold, between those dates, for less than £40k then you may have a strong case".

Im debating in my own mind the effort to follow through on this versus chances of being successful. if someone was to say to me "Prove one sold for under 40k and you win, we'll change banding and reimburse you" then id follow through for sure. im nervous about putting effort in and then just being told "your band B - thats the way it is"

lincroft1710

In the area I worked when in the VOA, and in many other areas, 1995 prices were about 20% below those of 1991, so your band may well be correct. I always think the VOA are being rather petty in asking for sales evidence, as they actually have details of 99.5% of property sales in the country.

collinsca

Thanks lin
Shows my ignorance... I assumed that the house prices would have increased from 91 to 95 🙄

Having worked at VOA- can you devise where I can research to get 91 prices?

Thanks

lincroft1710

1991 sale prices are not in the public domain. I used to suggest trying to find archived newspaper property ads, they will only show asking prices, but may give an indication of price levels in 1991. As has been suggested look for similar flats nearby in Band A.

collinsca

Thanks.
I don’t think I’ll find similar flats in Band A... my whole challenge was based on the fact I thought the flats were selling for under 40k in 1991... which based on your response, looks like an incorrect assumption ?