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Council tax question: any recommendations please?

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There are few people dealing with re-banding compared to what it was like a few years ago. I deal with everything council tax dispute related, other than re-banding. From many years of dealing with companies who dealt with rebanding many were simply con artists out to get as much as possible from people (I certainly wouldn't run a case on a No Win No Fee basis or a % of a refund).
    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.
  • pawntoc5
    pawntoc5 Posts: 37 Forumite
    Third Anniversary 10 Posts
    Thanks, CIS. From your experience in council tax recovery, what was key in the cases where the banding was successfully challenged? Did it simply come down to providing relevant properties for comparison? This actually looks like mission impossible in our case, as the property was built only 2 years ago and we're the only new development in a not-yet-gentrified neighbourhood (the last development in the vicinity was about 15 years ago...), so there aren't any relevant/comparable properties so to speak. Council seems to have taken this as prime opportunity to slap the highest bands on us, which is how a mid-floor 3 bedroom flat ended up 2 bands higher than a 2-bedroom top floor flat down the road.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did it simply come down to providing relevant properties for comparison?

    Pretty much. In general that's the main way of disputing it. If there's not, and you feel the valuation in wrong, then you're likely to need a professional valuer in and then take the dispute on to the tribunal, if the VOA/Assessor still rejects it. It will then come down to who the tribunal feel better reflects the value (and thus the band).

    Council seems to have taken this as prime opportunity to slap the highest bands on us
    The VOA make the decision (or Assessors Office in Scotland).
    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.
  • pawntoc5
    pawntoc5 Posts: 37 Forumite
    Third Anniversary 10 Posts
    Thank you, CIS. When you say "professional valuer" what sort of firm exactly do we need to contact, since I don't suppose professional property valuers have this as part of their scope. Does your current company/work take on something like this?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pawntoc5 said:
    Thank you, CIS. When you say "professional valuer" what sort of firm exactly do we need to contact, since I don't suppose professional property valuers have this as part of their scope.
    Have a word with some local surveyors and estate agents. They'll be able to tell you if they or someone they know will do a valuation (it's hard to find people who will though but some odd ones will).
    Does your current company/work take on something like this?
    No, I don't.

    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.
  • pawntoc5
    pawntoc5 Posts: 37 Forumite
    Third Anniversary 10 Posts
    Thanks for your reply, CIS. Based on what you've said, it seems like the system is rigged to fail property owners, because 1) there's no clear sector that does the work needed to help us obtain info needed to challenge the tax band, and it's largely a matter of trying one's luck and *hoping* that someone has the connection to "the odd one" who does do such work. Systems should never operate on hope and luck. 2) we are a new development in an area where there has been no newbuilds in recent times. Council requires data on comparable properties to mount a challenge, but in our situation that is impossible since there are no comparables. What essentially councils are saying is that they have free rein to decide what is the "correct" tax bands of the first new property in the area because no one can prove them wrong. And that's easy pickings for council because for every newbuild that comes after the first, council can simply say to any other challengers, "Look. That development is at this high tax band too."
  • lincroft1710
    lincroft1710 Posts: 19,120 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You are completely overthinking this!

    You do have a comparable to offer, the 3 bed down the road which is 2 bands lower. If any of the appeals go to a Valuation Tribunal and you present these as evidence, the Tribunal will ask the Valuation Office Agency representative (it is the VOA who deal with CT banding and appeals NOT the council) to explain why your flats are in much higher bands.

    However if these 3 beds are council built or are selling for much, much lower prices than your flats, then they will not be such good evidence for your band to be lowered. 

    Also do not confine yourself to the immediate vicinity, cast your net further afield and see what you can find.

    Finally can you provide us with more information on the failed challenges, as I suggested in a previous post were these appeals withdrawn or  dismissed by the VT.



    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, why do you continually accuse 'the council' of being the cause of your perceived misfortune? As has been pointed out several times, banding is determined by the VO, and the LA is legally obliged to bill you based on the banding they are issued with. They do not have any influence or discretion in this process.
    No free lunch, and no free laptop ;)
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