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Council Tax appeal...what next?

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darich
darich Posts: 2,145 Forumite
Part of the Furniture 1,000 Posts Combo Breaker
i moved into my current house about 18months ago and started paying council tax on band E.
After some investigating and thanks to this site, i found several properties identical to mine (albeit some with extensions or largers garages) were paying band D. These properties are all within 250m radius, so they're very close.
I appealed the banding but was outwith the 6month rule by about one month. So my banding appeal was refused but it was investigated by the assessor in the interest of maintaining the integrity of the banding lists.

I've just received a letter saying that my case is going to appeal at the valuation appeal panel and i've to return a form to state whether i want the appeal to be carried out in writing or orally. I'd prefer to do it in writing so i have more time to compose better answers - the letter also says that it is often quicker if done in writing. Is this a ploy because oral appeals have a better chance of success?

Is it normal for this appeal panel to be involved?
My assessor believes my claim is invalid due to the time scale but the letter doesn't actually state if anything else will be considered.
If it is purely timescale then I'm beat, because they know when i moved and they have my letter dated approx 7month later.
Will they consider the other identical houses at the appeal?
Will they look at the approx value of my house in 1991 which according to the nationwide house price calculator was around 51k - nearer the bottom of band d?

I'd really appreciate any advice - i don't want to inadvertantly say/write something that will screw my chances for a rebanding.

many thanks
D

Keen photographer with sales in the UK and abroad.
Willing to offer advice on camera equipment and photography if i can!

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your property may have previously been Band D and then uprated when it was sold to Band E - have you checked this ?

    A property that has been extended will only be re-banded when it is sold.
    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.
  • darich
    darich Posts: 2,145 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    We bought the house from an elderly couple. I doubt very much it has been rebanded to E.

    I know houses aren't reassessed until sold but that then strengthens my case i would have thought. It means that ignoring the extensions/double garages etc, the houses are identical to mine, but banded D while I'm banded E.

    Keen photographer with sales in the UK and abroad.
    Willing to offer advice on camera equipment and photography if i can!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I know houses aren't reassessed until sold but that then strengthens my case i would have thought. It means that ignoring the extensions/double garages etc, the houses are identical to mine, but banded D while I'm banded E.

    Have any of the other properties been sold since major extension work was done on them ?.

    If you check the your property on http://www.voa.gov.uk/council_tax/cti_home.htm it may show if the band has changed , the other option is to ring your council tax dept and ask them to confirm if the band has always been Band E and if not when it chnaged
    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.
  • darich
    darich Posts: 2,145 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's not been rebanded to E - it's in the original banding.

    And i believe none of the extended houses have been sold since they were extended.

    What's the best way to approach this appeal and is the option to go with a verbal or written appeal normal?
    which is best?

    CIS - the website you quote deals only with England - I'm on Scotland. Thanks though

    Keen photographer with sales in the UK and abroad.
    Willing to offer advice on camera equipment and photography if i can!
  • darich
    darich Posts: 2,145 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    hopefully someone can help me here......
    I've received a response to my request that my appeal be heard in writing. i submitted all my evidence of other houses like mine being sold for prices that would place mine in Band D.
    I've now received a letter saying that my appeal has been refused on the grounds that it is invalid due to being late. I appealed 7months after i moved in and was outside the 6month limit by 1 month.

    What is the best course of action in my response?
    would really appreciate the help here.
    thanks

    Keen photographer with sales in the UK and abroad.
    Willing to offer advice on camera equipment and photography if i can!
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