Council Tax rebanding - have I done it right?

scorpio_princess

My flat is apparently a band B, which I always found slightly hard to believe, so I followed Martin's instructions and checked what bands my neighbours are in (I live in a block of six flats - they're all one bedroom and the same size). Sure enough, 4 out the 6 flats are band A - only mine and one other have bizarrely been put into a higher band. Does anyone know why this would be? This block (In fact, this whole estate) was built in 1991, so how come the valuations are all different?

Anyway, I checked the sold prices on the link in the discussion, then used the calculator to work out the 1991 price, and it showed that my flat would have been just under the threshold for band B. I then went back to the Valuations website and appealed online (the reason I didn't call is because I was unceremoniously fobbed off when I tried to do this last year - was told that as i'd been a council tax payer for more than 6 months, I couldn't appeal, and like a fool, I believed her). I got an automatic response email saying that I would hear from them by March 5th.

So, my question is, have I done everything I should be doing? I mean, maybe I should ring the council too? I just really don't want to be fobbed off again - last time I got really really annoyed and I struggle to keep my compsure when I get like that! I'm on a really tight budget as it is, so even if this saves me £10 a month, it will be worth it. It also angers me that my flat is exactly the same as others around here, so why the hell am I paying more? Because I have a pink bathroom suite instead of green? :mad: !

I have been given hope by reading some of the success stories on here, but I just have a feeling my case will involve a lot more than just a phone call...

CIS

There;s no point ringing the council - its is out of their control. Only the Valuations Office have any say over property banding.

Have any of the properties been sold since they where originally banded ? - the banding can change once a sale has gone through.

Altarf

One of four things will happen -

1 - The VOA send you a 'you are out of time letter'
2 - The VOA agree with you and change your band.
3 - The VOA consider that the other four flats are wrong and change them from A to B.
4 - The VOA send you a 'we don't agree with you' letter.

If it is 1, write back and remind them that they have duty to maintain the integrity of the register.

If it is 4, then you will need to provide more evidence, such as real valuations from 1991, and then go back with the fact that they have duty to maintain the integrity of the register.

withabix

They are just as likely to increase the banding of the other flats!

I know someone who appealed his Band C to try and get down to Band B without investigating properly, only to be rebanded to Band D as that's what the rest of his side of the street were...

scorpio_princess

Thanks for all your replies. However, i've just received a letter from the VOA entitled 'Notice of invalid proposal', as follows:

Based on the information you have given me, I believe your proposal has not been validly made. This form is an "invalidity notice" that I am required by law to send you in these circumstances.

My reason for considering that your proposal has been invalidly made is because it has been made outside the time time limits prescribed by law.

If you do not agree with my decision you have four weeks from the date of receipt of this notice to appeal against it. To do this you should write to me giving reasons why you think your proposal is validly made. Please write "Appeal against notice of invalid proposal" at the top of your letter.

If, after considering your appeal, I form the view that your proposal is valid, I will let you know and withdraw the invalidity notice.

Where we are unable to resolve the disagreement about validity between us, I will send the necessary details to the local Valuation Tribunal who will decide the matter. The Tribunal will advise you of the date of the hearing which will be to deal specifically with the validity of the proposal and not the correctness of the council tax band.

In the meantime you should carry on paying your council tax.

In the same envelope, I received another letter, which has confused me even more! As follows:

COUNCIL TAX: REVIEW OF BANDING

Thank you for submitting your formal proposal challenging the council tax band of the above property. You will have seen from the website that the opportunities to make a formal proposal are limited and in this case I consider that your proposal is not valid.

The law requires that I give you formal notice of my opinion and explain you right to appeal against my decision on validity. I enclose an "invalidity notice" which meets the requirement.

I appreciate, however, that this does not deal with the fact that you are dissatisfied with the council tax band on your property. I will therefore carry out a review, taking into account your representations, to ensure that the band is fair and consistent with other similar properties in the locality. If you have any additional information that you would like me to consider as part of this review please send it to me as soon as possible.

Once the review has been completed I will notify you of my decision in writing. I would normally expect this to be within eight weeks of your initial contact. In the meantime you should carry on paying you council tax.

Sorry for the long post, but i'm just a bit puzzled now So if they're going to carry out a review anyway, why do I still need to appeal against the invalidity notice? Surely they are inextricably linked?

I'm thinking that the 'invalidity notice' is just a standard rebuff that they send to everyone to scare them off - am I right?

I should mention that they also enclosed a questionnaire asking for details on my property (number of rooms, double glazing etc).

So what do I do now?! Are they just hoping that i'll change my mind and go away? Grrrr...

Diana1230

Hi, Yes they are probably hoping that you will give up - Don't!. If ther are other properties the same as your on a lower banding then yours should be reduced accordingly. I went through all this, and the VOA actually told me that other neighbours had tried to get their banding reduced and failed, and in not so many words said that I would be wasting my time. They did the same to me and sent me a form to fill out , about numbers of rooms etc, this I returned and got a reply saying that they believe they are right and they will not reduce by banding, but I had the right to appeal. There would be a hearing and I would need to take all my evidence to support my claim . I agreed to take that route (This took 6 months in all)About 1 week before the hearing was due I received a phone call from the VOA saying that she had changed her mind and was going to reduce my banding.
So keep at it, Diana

Altarf

scorpio_princess wrote: »

Sorry for the long post, but i'm just a bit puzzled now So if they're going to carry out a review anyway, why do I still need to appeal against the invalidity notice? Surely they are inextricably linked?

As you have not submitted the dispute within 6 months of moving in (or within certain other events happening, look at the VOA website if you want more info), then you have no legal right to challenge the banding and take the VOA to tribunal. That is the first letter they have sent you. What they are saying is that if you think that they are wrong in refusing you the right to dispute your band, then you can go to tribunal to argue that point, but not that the banding is wrong.

However, the VOA have a duty to maintain the register. In the second letter they are saying that they will review your band and are asking you to provide them with all the evidence that you have to support your case. The difference with the 'duty to maintain the register' route is that if the VOA decide that your band is correct, then you cannot appeal to tribunal.

So unless you want to appeal against the rejection to challenge the banding under the 6 month rule, then the duty to maintain the register' route is the way to go. Now is your opportunity to send them all the information that supports your case. This should not just 'my band is higher than my neighbours', but if you want to make your case better try to establish the real value of your property in 1991. And by real prices I mean real (from local newspapers from the library archive) and not the building society calculators.

vivatifosi

Hi scorpio princess,

Altarf is absolutely correct in terms of the appeal process.

If your flat was built in 1991 then the VOA will have all the evidence they need to band you based on the original sale price. 1991 was the year that the pricing was set, they don't need to factor up or down by very much at all. It isn't like other houses where none sold that year where the price will be based on second gear valuation or sales of similar properties.

What has probably happened is that the other flats sold for marginally below the threshold and yours sold for marginally above.

If you really want to take it further speak to the original residents and find out if they still have sales literature from when the flats were built (you may also be able to get this from the local paper from then). You may find that there were some incentives added to the price of the flat (carpets, white goods, solicitors fees paid etc) that should not be included in the VOA's valuation. If you can get hold of that and send that to the VOA then you may be able to change their mind.

scorpio_princess

Well after all that, I got a letter today from the VOA to say that they have reviewed my case and decided that I should indeed be a band A! So I guess that's a victory for me!

However, there was no mention of any refund for the overcharged council tax, but then I know it's the councils that set the rates and not the VOA. The letter said that they have informed my local council of the rebanding, so with a bit of luck my new bill (which is likely to drop on to my doormat any day now as it's that time of year) will show the new banding. As for the refund for last year's tax, how do I go about getting that back? Will the council contact me or will I have to fight for that too?

Altarf

The council will automatically deal with the refund, although it may take a couple of weeks. Depending on the timing, if they have issued this years bill by the time they get around to processing the refund, they will just knock the refund off this years bill, rather than actually pay the money back to you.