Council tax band advertised on rented property different from actual band

emmao765

We've recently moved into a rented flat which had been advertised as council tax band c, however yesterday we received a letter for payment and it's stating it is actually council tax band e.

Having planned our finances around this, it's going to cost us a lot more monthly than we had been led to believe. We would be fine but it's left me puzzled as to why it's said one band but in reality it's another?

I realise there is probably little wiggle room to contest this, but thought I would ask. Since the flat advert stated it's council tax c, is there any wiggle room to contest it on fault of the lettings agency?

Irishpearce26

Check what the neighboring properties of similar size are paying, if they are band e then there is no contest. The property may have been band c but with change of ownership/tenants can often change the band.

My house was a band c but when i bought it a couple of months ago it went up to a band d all because of an extension 19 years ago.

anselld

You could complain to them and then if necessary to the relevant redress scheme which they are in.

However, there is probably some small print in the advertising which covers for errors.  They will no doubt say you should have checked yourself if it was critical.

HampshireH

emmao765 said:

We've recently moved into a rented flat which had been advertised as council tax band c, however yesterday we received a letter for payment and it's stating it is actually council tax band e.

Having planned our finances around this, it's going to cost us a lot more monthly than we had been led to believe. We would be fine but it's left me puzzled as to why it's said one band but in reality it's another?

I realise there is probably little wiggle room to contest this, but thought I would ask. Since the flat advert stated it's council tax c, is there any wiggle room to contest it on fault of the lettings agency?

I expec there would have been a disclaimer on the advert and you would have been responsible for checking on the council website yourself

GDB2222

emmao765 said:

We've recently moved into a rented flat which had been advertised as council tax band c, however yesterday we received a letter for payment and it's stating it is actually council tax band e.

Having planned our finances around this, it's going to cost us a lot more monthly than we had been led to believe. We would be fine but it's left me puzzled as to why it's said one band but in reality it's another?

I realise there is probably little wiggle room to contest this, but thought I would ask. Since the flat advert stated it's council tax c, is there any wiggle room to contest it on fault of the lettings agency?

Check the rules of whichever ombudsman the agent is with. This is a material misrepresentation, and some disclaimer would not alter that. 

AdrianC

It takes seconds to check the band applicable to any property.
https://www.gov.uk/council-tax-bands

theartfullodger

Depending on the wording, could be fraud, a criminal & civil offence - see...

https://www.legislation.gov.uk/ukpga/2006/35/crossheading/fraud

That you failed to check, as you could for free easily online, council tax due, may perhaps not help your case. 

GDB2222

theartfullodger said:

Depending on the wording, could be fraud, a criminal & civil offence - see...

https://www.legislation.gov.uk/ukpga/2006/35/crossheading/fraud

That you failed to check, as you could for free easily online, council tax due, may perhaps not help your case. 

I don't think it would be at all easy to prove the criminal intent necessary for fraud. Anyway, that would be a matter for the police.

All the OP has to do is this:

https://www.tpos.co.uk/consumers/how-to-make-a-complaint

That's assuming the agent is a TPO member.

Slithery

Irishpearce26 said:

The property may have been band c but with change of ownership/tenants can often change the band.

A change of tenants should never change the banding, it is occasionally reviewed on change of ownership.

Irishpearce26 said:

My house was a band c but when i bought it a couple of months ago it went up to a band d all because of an extension 19 years ago.

Correct. Whenever a property is extended the council tax doesn't change straight away, it will have what's known as an 'improvement indicator' placed on it meaning that the banding will be reassessed the next time that the property changes hands. Checking for this is part of the due diligence you should be doing when looking at properties.

AdrianC

Slithery said:

Irishpearce26 said:

The property may have been band c but with change of ownership/tenants can often change the band.

A change of tenants should never change the banding, it is occasionally reviewed on change of ownership.

Irishpearce26 said:

My house was a band c but when i bought it a couple of months ago it went up to a band d all because of an extension 19 years ago.

Correct. Whenever a property is extended the council tax doesn't change straight away, it will have what's known as an 'improvement indicator' placed on it meaning that the banding will be reassessed the next time that the property changes hands. Checking for this is part of the due diligence you should be doing when looking at properties.

Next time the CT payers change - whether owners or tenants.

lincroft1710

AdrianC said:

Slithery said:

Irishpearce26 said:

The property may have been band c but with change of ownership/tenants can often change the band.

A change of tenants should never change the banding, it is occasionally reviewed on change of ownership.

Irishpearce26 said:

My house was a band c but when i bought it a couple of months ago it went up to a band d all because of an extension 19 years ago.

Correct. Whenever a property is extended the council tax doesn't change straight away, it will have what's known as an 'improvement indicator' placed on it meaning that the banding will be reassessed the next time that the property changes hands. Checking for this is part of the due diligence you should be doing when looking at properties.

Next time the CT payers change - whether owners or tenants.

No, has to be a change of ownership

https://www.gov.uk/guidance/council-tax-band-changes