Council Tax Rebanding FAILURE stories

aqua1711

Hello,

I have read with interest the many success stories of Council Tax Rebanding claims via the Local Council and VOA. Whilst this is excellent news, myself and many others (I assume) have not faired so well in thier claims.

I was approached by a neighbour who advised me that my Banding was inconsistent with others in my road. There are only 8 houses in my road, mine being No 2;

Numbers 1 & 2, Semi-Detatched, 3 Bed - Band D
Numbers 3 & 4, Semi-Detatched, 4 Bed - Band D
Numbers 5 & 6, Semi-Detatched, 3 Bed - Band C
Numbers 7 & 8, Semi-Detatched, 3 Bed - Band C

Numbers 1,2,5,6,7 & 8 are identical in build, only 3 & 4 are larger hence the higher banding.

Myself and No 1 applied for a banding review as we felt we should be in Band C along with other similar properties in the road. During the purchase of my house I and in the details from my solicitor I found the original purchase price of the house in 1996 when it was built, this price put the house into Band C. I had also used the Halifax House Price Calculator using the purchase price then and also the recent purchase price, this also put the house into Band C.

Therefore my girlfriend and I assumed that this would be so straightforward and we would be rebanded and given a small rebate for the overpayments.

However, not too long ago we received a letter from the VOA stating that Numbers 1 & 2 bandings were correct but numbers 5,6,7,& 8 were incorrect and put them all up to Band D!! I was absolutely fuming, I telephoned the office and spoke to the officer dealing with it, they were adament that thier decision was based on house value in 1991 and all thier calculations put the house into Band D but they wouldn't reveal how they calculated thier figures.

Has anyone else had experiences similar to this?

Can this decisions be appealed against? ( We have been in the property for nearly 2 years)

Are the VOA allowed to raise the banding of 4 properties to avoid lowering the banding of 2?

Any advice will be greatly appreciated.

Please also use thread to post similar experiences in the hope that someone will be able to help.

Thank you for your time.

vivatifosi

The VOA isn't allowed to 'raise the banding of 4 properties to avoid lowering the banding of 2', however they are allowed to raise the banding of the four properties if they feel that they have evidence that it was your two houses that were correctly banded.

The people whose houses have been rebanded have a right to a tribunal hearing if the rebanding was made within the last six months. I would urge them ALL to appeal against the reband and start compiling evidence as to why. Worst case scenario, they lose and stay a D, but at least the principle is tested as to who is right.

However, if you are going to go to tribunal be prepared to put up good evidence and start working now. For my case and subsequent ones I have worked on it has taken a good 20 hours + to build an evidence file.

As your neighbours are filing their appeal notices with the VOA, they should also be asking the VOA under the Freedom of Information Act to provide evidence with how they arrived at their decision. Inform them that your intention is to have this matter addressed by independent tribunal so that the VOA cannot possibly think that you are willing to roll over and give up. At tribunal they will have to reveal evidence as to why they have put the valuations up anyway.

Once you are in sight of this you will have a better idea as to who is right.

Its easy for neighbours to get bitter and divide in these situations, but what you really need to do is work together and fight back.

Good luck!

dunstonh

The wording is important. Are they increasing the others to avoid lowering or are they correcting the error of under valuing by correctly increasingt the others?