Council Tax Band Challenge Advice

Kim_13

My late grandmother’s cottage was inherited by her two children, who both disagree with the Band D they are now being billed for. I was tasked with putting together a challenge to get it lowered and checked all the available information on properties in the street (there are several postcodes) - size according to EPC’s where available, bands, bedrooms, as the Gov.uk site said that comparable properties should be in the same street for properties that are in a town. There were no comparable properties as I expected (2 bedroom cottage, semi-detached according to two valuers (it is joined to the house next door via the dining room; looking at a floorplan of the that house this would be the utility and/or lounge on their side, as the properties are not the same.) I had worried it might be considered link-detatched, as a previous advert for the house it is joined to described that house in that way and there would be an even lower chance of finding comparables anywhere if that were the case.

The evidence from within the street is that larger properties (in excess of 10%) with three bedrooms are also in Band D. Two are detached, the other is the neighbouring property referred to above. All three properties have parking directly outside of their homes, while the cottage does not as there is access road running past it. Allocated parking is some distance from it at the end of this track. A 4 bedroom end terrace in the street is Band B, so Band C feels like the correct band for the property. Recent valuations have been that fully modernised, in top condition (I am aware that the VOA have to make an assumption about the internal condition of the property) it would only be worth £230,000-£240,000. This doesn’t seem to equate to the £68,001 as of April 1991 needed to put it into Band D; the known-for-being-inaccurate Nationwide House Price Index would have to be close to 50% out to arrive at the bottom of Band D (South West England.)

Believing that you needed addresses of properties that would be accepted as comparable for the online form, an email was sent outlining the lack of comparables and that bigger, detached houses with an extra bedroom had the same banding. The reply indicated that 1/4 of a mile was acceptable for comparables, so I’ve duly broadened the search and yesterday went to see what I could see from the road. The property that would have the best chance is definitely a 2 bed, but I have seen contradictory information as to whether it is a terrace or a semi and couldn’t get close enough to check as it is tucked away and private; all that could be seen was the door number of the house I was interested in. 

I am now wondering if it’s best to come at this from a value or error angle, given that any further addresses we could send might well be rejected also. I plan to visit the library on Monday but am a little unsure as to what to look for. My grandmother is believed to have bought it the 1980’s, so other than verifying that the date was too far back for the VOA to consider, would it be worth looking for 1989-93 for any other properties in the street that have sold more recently, to give a general increase for the street? Or is there anything else I should be looking for?

It occurred to me that a second-gear valuation could have erroneously lumped the property in with the detached houses, as from the main road, you get a side view and wouldn’t see that it wasn’t detached. It might also be assumed that there was an entitlement to parking directly outside, which is not the case.

Reading some posts here last night, I believe they would be entitled as liable parties to the Property Attributes Data which could be checked for any errors. I also found a PDF of the council tax challenge form, which would allow them to state how many rooms, other relevant factors (eg. Main road running past the side, access road running past the front; parking some distance up the track) and proposing Band C. 

I’m just wondering what would stand the best chance of getting the band lowered, as failure seems to be taken as I can’t have been going about it correctly as “there’s not enough room in that second bedroom to swing a cat.”

Thank you

lincroft1710

Is there an intention to sell the cottage, because if so, it is much simpler to let the new owner make a formal appeal and if they are successful then the estate can claim a refund of any overpayment. If not it is important to establish whether or not a valid appeal can be made as upon your grandmother's death her estate becomes liable for CT and then as soon as probate has been granted the beneficiaries become liable and if more than six months have passed since probate they cannot make a valid appeal.


What stands the best chance of getting the band reduced is a 1991 sale at a price less the lowest figure  of its band which obviously most people won't have. Therefore the beneficiaries should include everything they believe is relevant in their request for a lower band. Looking for similar properties locally in lower bands is always a good idea.

Kim_13

Their intention is now to put it in an auction with a reserve, as the advice is that the parking issue makes it difficult to sell. They were initially going to modernise it, but after an experience with a tradesman that would have been worthy of Rogue Traders, it feels like a millstone around their necks and they want it gone. The auctioneer has advised it can’t be done before December, so they have another ~3 months of liability at least.

Separate bills (they expected one bill in both names but were unable to get a response from the council when they tried to query it) were issued to them as the owners dated July of this year, stating ‘Reason for Issue: New Liability.’ My cousin previously rented it following a relationship breakdown, but has now moved on. I was aware that any successful appeal made by a new owner would see the estate refunded and advised thus, as well as that I could periodically check to see if the band reduced, but one of the agents was of the opinion that a new owner might well want to make alterations.

The cottage is well in excess of 100 years old and nothing is exactly the same. A property within 1/4 of a mile looked promising, until I looked it up in the valuation list and found it was banded as two flats. In addition to the property mentioned in my first post, there’s one that’s definitely a semi, but shorter and wider. Its EPC says it’s bigger, but having been able to see that one from the kerbside, I’d have thought it more likely to be similar in size if anything. But it’s a 4 bed, so may be pointless anyway.

Having read a thread also from a poster who inadvertently had an email taken as a formal challenge, I’m also wary of an email ping pong being started that ends in the same way, as they would want to include the parking and access road issue on the form. It’s all feeling a bit overwhelming, but they’re not content to do nothing. 

An estate agent suggested they get someone to come out and look at the cottage, but I believe they’d need evidence of the VOA holding wrong information about it to do that? 

Thanks again

lincroft1710

As the probability is that the property would be sold before the VOA dealt with the band review, I would reiterate my suggestion to let the new owner formally appeal the band.