Council tax re-banding - can we claim for deceased parents also?? 25 November 2022 at 2:38PM in Reclaiming mortgage fees, council tax, etc 3 replies 79 views

Bettiboppa

Hello all, I'm hoping may be able to help or advise before I submit my re-banding information.

We purchased our property from husband's parents estate at an agreed price between siblings in 2014 so the house has always been owned by same family since bought originally as new build in 1974. Having gone through all steps in how to claim guide it actually seems that we should actually be in Band A but currently in Band C. 

We no longer have any of mum and dad's paperwork in the house as never thought to keep anything other than solicitors/conveyancing letters etc.

I believe we have a strong case as there is only one other property in band C and they have had a full side front and back extension done and their purchase price was more than double ours at £159,000 in 2012 and is now 4 (possibly 5) bedroom semi. There are 26 other properties in street 1 is in Band A and other 25 are Band B.

Checking Nationwides House price data both from 1974 purchase price and then our 2014 purchase price puts us definitely in Band A as property value in 1991 was £29,988.
Gov.uk checker shows No improvement indicator and no date with effect from. 
I don't know when was banded at C but definitely not since we purchased property and had no idea we could challenge it. Can we challenge it right back to when mum and dad were alive or just since we purchased property? There is still a "family pot" between siblings named in dad's will as there were old pensions and insurances that were only brought to light well after estate was "finalised" and so anything goes into that and shared equally. Would be nice to be able to do so as have a feeling they'd have been paying it unquestioned the same as us for a long time. 
Any advice? 
Thanks

lincroft1710

Your 2014 purchase price would not be regarded as good evidence as it was not an "open market sale" but a sale between connected parties. Band A seems far too low for a property built in 1974, even Band B would be low unless it is very small or in a very poor area. If the Band B houses are identical or very similar to yours, use those as evidence. If they are not then their bands are not relevant. NW house price data is not accurate and would not be accepted as good evidence for a band reduction.


Also look around the area and see if you can find houses of a similar type, age and size in Bands A or B.


If the band is reduced, it would be backdated to start of CT, 1 April 1993. You would receive a refund from the date you bought or first occupied the house (whichever is the earlier). Prior to that date any refund would be credited to your late in-laws' estate(s) or their executors.

Bettiboppa

lincroft1710 said:

Your 2014 purchase price would not be regarded as good evidence as it was not an "open market sale" but a sale between connected parties. Band A seems far too low for a property built in 1974, even Band B would be low unless it is very small or in a very poor area. If the Band B houses are identical or very similar to yours, use those as evidence. If they are not then their bands are not relevant. NW house price data is not accurate and would not be accepted as good evidence for a band reduction.


Also look around the area and see if you can find houses of a similar type, age and size in Bands A or B.


If the band is reduced, it would be backdated to start of CT, 1 April 1993. You would receive a refund from the date you bought or first occupied the house (whichever is the earlier). Prior to that date any refund would be credited to your late in-laws' estate(s) or their executors"

Thanks for response, all houses in the street are of similar size mirror image 2 bed semis except for the aforementioned property opposite me. We are corner plot of street and do have more garden/drive space would that have been taken into account as a plot of land or based solely on bricks and mortar of house?

lincroft1710

Bettiboppa said:

lincroft1710 said:

Your 2014 purchase price would not be regarded as good evidence as it was not an "open market sale" but a sale between connected parties. Band A seems far too low for a property built in 1974, even Band B would be low unless it is very small or in a very poor area. If the Band B houses are identical or very similar to yours, use those as evidence. If they are not then their bands are not relevant. NW house price data is not accurate and would not be accepted as good evidence for a band reduction.


Also look around the area and see if you can find houses of a similar type, age and size in Bands A or B.


If the band is reduced, it would be backdated to start of CT, 1 April 1993. You would receive a refund from the date you bought or first occupied the house (whichever is the earlier). Prior to that date any refund would be credited to your late in-laws' estate(s) or their executors"

Thanks for response, all houses in the street are of similar size mirror image 2 bed semis except for the aforementioned property opposite me. We are corner plot of street and do have more garden/drive space would that have been taken into account as a plot of land or based solely on bricks and mortar of house?

The band reflects the April 1991 value of the whole property, not just the bricks and mortar. If the notional 1991 value of a house without the extra drive space and garden would have been say £51,750, then a similar house with those features may have been in excess of £52,000 and so Band C