Council tax challenge (new build) - preparing for tribunal (England)

thomas01155

Received a call from them yesterday asking for more time past the dead line of the directions of the tribunal, seems like they need an extra 3/4 days.

I have emailed the tribunal about the breach of  direction and will include it in my bundle that they have breached the tribunal directions, due to what seems to be basic laziness and poor time management. It doesn't affect me too much, but is somewhat frustrating and inconvenient when you are expecting to receive information on a certain date. They've had over 8 months notice, ignored all my emails reminding them of the upcoming deadlines and then called me yesterday asking for more time. It sounded like they had only just got around to reviewing the information so far.

I sent them 3/4 emails reminding over the past few months that they needed to provide the information 6 weeks before to comply with the tribunal directions. Something is clearly amiss, maybe they are understaffed or untrained.

From reading previous cases, the tardiness of the VOA or the appellant must have prejudiced the other party - which I don't believe I have been yet, at least not significantly. In the Consolidated Practice Statement, it sounds like they need a good reason(s) to not serve the full bundle 6 weeks before. As they lack a good reason I will ask the tribunal to disregard their rebuttal to my full bundle when the time comes.

thomas01155

Latest update is that they offered a band reduction to C, from D.

But I think there is still sufficient evidence that it should be band B. So it is proceeding to the tribunal next month, however they are defending it on the basis of band C. So at least a 1 band decrease at worse. 

I think there evidence is only OK, they have all old properties from 1991 or before that are quite some distance from the locality in question. So I'm going to rely on the tone of the list and attempt to discredit their evidence based on distance. I kind of expected them (the VOA) to be a bit less bias, there were plenty more properties nearby they could have relied on, but they probably don't match what they want it to show.

thomas01155

@lincroft1710 I was wondering what you think if I can't make up my mind up if my flat should be A or B based on the evidence. Should I put forward A or B in the bundle? I'm not sure what to write.

In my original request earlier on I put B.

But after seeing all the evidence from the LO, which I've realised from looking at it more is poor and my own evidence for A is reasonable/ good and the evidence for B is very good.

Maybe I could put something like: "The subject property, a 1 bed flat of 52sqm in this locality, should either band A or B. I would lean more towards A for this sized flat in this area and the tone of evidence, and therefore would ask the panel to consider banding the property as A."

lincroft1710

If you asked for a Band B (which is a 2 band drop) I think that is what you should stick with. 52 sq m is big for a 1 bed flat, that is more a size for 2 beds, so I can't see a request for a Band A being successful. 

thomas01155

lincroft1710 said:

If you asked for a Band B (which is a 2 band drop) I think that is what you should stick with. 52 sq m is big for a 1 bed flat, that is more a size for 2 beds, so I can't see a request for a Band A being successful. 

Thanks will do. It has 40sqm EFA, so 12 of those today from 52 are for hall and bathroom etc.

Hopefully get a good result at the tribunal.

thomas01155

@lincroft1710 I was wondering do you know how long valuation tribunals generally last? Wonder if I need to book a half day off or just an hour etc.

lincroft1710

thomas01155 said:

@lincroft1710 I was wondering do you know how long valuation tribunals generally last? Wonder if I need to book a half day off or just an hour etc.

I honestly don't know as in my day, the appellant's evidence/case would rarely take more than 10 minutes, but now appellants are expected to produce a documented case, the whole proceedings could stretch beyond an hour. I think best give the VT a quick ring and ask them for their opinion.

lincroft1710

thomas01155 said:

lincroft1710 said:

If you asked for a Band B (which is a 2 band drop) I think that is what you should stick with. 52 sq m is big for a 1 bed flat, that is more a size for 2 beds, so I can't see a request for a Band A being successful. 

Thanks will do. It has 40sqm EFA, so 12 of those today from 52 are for hall and bathroom etc.

Hopefully get a good result at the tribunal.

12 sq m is a lot for a hall and bathroom, I would doubt a bathroom in a 1 bed flat would be more than 5 sq m if that (the bathroom in my 1960s 3 bed semi is less than 4.4 sq m) and the remaining 7 sq m would be the size of a single bedroom. 40 sq m would be very generous for the lounge, bedroom and kitchen of a 1 bed flat.

thomas01155

lincroft1710 said:

thomas01155 said:

@lincroft1710 I was wondering do you know how long valuation tribunals generally last? Wonder if I need to book a half day off or just an hour etc.

I honestly don't know as in my day, the appellant's evidence/case would rarely take more than 10 minutes, but now appellants are expected to produce a documented case, the whole proceedings could stretch beyond an hour. I think best give the VT a quick ring and ask them for their opinion.

Thanks that is a good idea I will do. I have almost finished my bundle, it has taken far longer to research everything and compile it nicely that I was hoping.

If the LO decided to "settlement by agreement" is that as strong as a tribunal decision? As in can they still later launch a banding review again. As I understood it, a tribunal agreement is pretty set in stone, but unsure about a settlement by agreement before hand.

lincroft1710

An appeal decided by agreement between the appellant and VOA, is good evidence.. Appellant could at a later date ask for a further band review, but if they did they'd just be told "already agreed and no reason to revisit the evidence". There are, far, far more agreed appeals than Tribunal decisions. From memory we would get a listing of about 40 cases for the Tribunal to hear, by the time of the hearing date, usually only 3 at the most would need to be heard and often no cases to be heard as all settled prior to the hearing