Reclaim overpaid council tax

Diwali

In 2009 we (my wife and I) inherited a property in Wales that was left empty and essentially unfurnished up to the present day. During this time we paid the full Council Tax rate and also from last year a premium tax relating to an empty property. We are now retired and have been improving the property (it was habitable albeit basic) since last year with the intention of moving in permanently by this summer. After reading several posts on Council Tax reclaims I’m beginning to think that we may have overpaid CT. Am I right? 

fatbelly

Diwali said:

In 2009 we (my wife and I) inherited a property in Wales that was left empty and essentially unfurnished up to the present day. During this time we paid the full Council Tax rate and also from last year a premium tax relating to an empty property. We are now retired and have been improving the property (it was habitable albeit basic) since last year with the intention of moving in permanently by this summer. After reading several posts on Council Tax reclaims I’m beginning to think that we may have overpaid CT. Am I right? 

Why do you think you overpaid? 
If you can make a case, then obviously go for it. But there's nothing in your post that flags up as wrong to me.

You could usefully run this past someone who is more of an  expert. There is a poster called CIS - if I can find where he lurks on this new site, I'll post again.

CIS

Diwali said:

In 2009 we (my wife and I) inherited a property in Wales that was left empty and essentially unfurnished up to the present day. During this time we paid the full Council Tax rate and also from last year a premium tax relating to an empty property. We are now retired and have been improving the property (it was habitable albeit basic) since last year with the intention of moving in permanently by this summer. After reading several posts on Council Tax reclaims I’m beginning to think that we may have overpaid CT. Am I right? 

In Wales the Class C exemption on an unoccupied and unfurnished property wasn't abolished like in England but it's qualifying period may have been used before you inherited the property if it has been standing unoccupied and unfurnished for any length of time. Once the Class C is finished then it's up to the local authority to set the rate on a local level.
In respect of the premium, in Wales, there's very little you can do as they hit a wider range of property types than England does, and so catch a lot more properties - a property that had been standing unoccupied and unfurnished would certainly fall in to the remit of a premium.

BadBookkeeper

I’ve been successful in challenging my banding however my council will only back date for 6 years not the 11 we’ve overpaid for has anyone else had that? 

[Deleted User]

BadBookkeeper said:

I’ve been successful in challenging my banding however my council will only back date for 6 years not the 11 we’ve overpaid for has anyone else had that? 

Plenty will have, yes. 

CIS

BadBookkeeper said:

I’ve been successful in challenging my banding however my council will only back date for 6 years not the 11 we’ve overpaid for has anyone else had that? 

What a pain when they try this - in the last 12 months the vast majority of cases I've taken to the tribunal have been on backdating - some admit their error before then but many will not. I'm sick and tired of arguing with councils over backdating (although I suppose it keeps me in a job!). There are valuation tribunal decisions which the council should be taking account of.

IdaBWells

I lived on my own for maybe 8 years. As I understand it, I shouldn't have been paying council tax during that time(??). 
Can I claim that back?

fatbelly

IdaBWells said:

I lived on my own for maybe 8 years. As I understand it, I shouldn't have been paying council tax during that time(??). 
Can I claim that back?

You should have had a single adult discount

You can try

White28

Hi, I'm looking for some advice. I owned and lived at a property from 2011 to 2018 before selling it and moving on. Whilst there I contested my banding as I was a band higher than identical houses in my street and also houses valued more than mine but got a denial letter back. Since, the new owner has successfully managed to get the property (and I believe so did the next door neighbour) banded a band lower so he called me to let me know so I could claim for over payments whilst I was there. I rang the local Council who told me I needed to speak to the Valuation Office which I questioned as it had already now been rebanded. Anyway I did but they told me they do not deal with reimbursements and that I need to speak with the local Council again. I rang the Council and they said the property has only been rebanded down since the new owner moved in and that I'll need to get it back dated for the time I owned the property. I then went back to the Valuation Office explaining this and got a response "As you are no longer the council taxpayer of the above property, you cannot request a review of the council tax band as you are not an interested party." Nothing has been done to the property since that would devalue it or the surrounding area that would warrant it be moved down a band now instead of prior. How can I claim for the over payments whilst I owned the property.
Sorry for the long post, I just wanted to add as much detail as possible. Thanks in advance.

lincroft1710

White28 said:

Hi, I'm looking for some advice. I owned and lived at a property from 2011 to 2018 before selling it and moving on. Whilst there I contested my banding as I was a band higher than identical houses in my street and also houses valued more than mine but got a denial letter back. Since, the new owner has successfully managed to get the property (and I believe so did the next door neighbour) banded a band lower so he called me to let me know so I could claim for over payments whilst I was there. I rang the local Council who told me I needed to speak to the Valuation Office which I questioned as it had already now been rebanded. Anyway I did but they told me they do not deal with reimbursements and that I need to speak with the local Council again. I rang the Council and they said the property has only been rebanded down since the new owner moved in and that I'll need to get it back dated for the time I owned the property. I then went back to the Valuation Office explaining this and got a response "As you are no longer the council taxpayer of the above property, you cannot request a review of the council tax band as you are not an interested party." Nothing has been done to the property since that would devalue it or the surrounding area that would warrant it be moved down a band now instead of prior. How can I claim for the over payments whilst I owned the property.
Sorry for the long post, I just wanted to add as much detail as possible. Thanks in advance.

The only thing you can do is to ask the current owner to pursue this. But he may not want to do this as there's no mileage in this for him and he may be apprehensive in approaching the VOA in case they decide the band shouldn't have been reduced and put it back up again (this has certainly happened on numerous occasions).

Only the VOA know why they haven't backdated, I believe it is an error. I would write to them and ask if they have made an error in the re-banding date, if the current owner won't co-operate.