Council Tax Cost Cutting: reduce your band and grab any discounts Discussion Area

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    The 'flexibility' arises from the fact that the VOA have a legal duty to maintain the correct council tax list so to comply with that they need to look at possible errors which need corrected.

    The Scottish system originates from the same basic legislation and has (assuming it's not later been tweaked) a similar provision under regulation 4(1)(b) - http://www.legislation.gov.uk/uksi/1993/355/regulation/4/made#text%3D%22council%20tax%22%20and%20%22valuation%22

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • MeganLloyd
    MeganLloyd Posts: 5 Forumite
    First Post Combo Breaker First Anniversary
    I live in Wales so properties were "revalued" in 2005. However, when I recently tried to challenge the banding on a Victorian stone 3-bed house which was worth considerably less than all the other band E properties in the area my application was rejected. I was not allowed to "backdate" the current valuation (recent purchase price £135,000) and the property has too large a footprint to be in a lower band. This was the first I'd heard that size matters where valuation is concerned.The Valuation Officer visited the house and as good as told me that all the cards were stacked in his favour. Haven't decided yet whether this will be worth pursuing...
  • anotherday1
    anotherday1 Posts: 38 Forumite
    First Post First Anniversary Combo Breaker
    I successfully challenged my council tax banding and my banding was lowered from D to C in October 2016. Unfortunately I have just received a letter from the Valuation Office saying that they will be reviewing my banding because they think my banding may need to be increased. This is really disturbing since they effectively did a review a review in October 2016 and just under a year later they are doing another review suggesting my banding might need to increase. The letter is written in such a way to suggest they have already decided what the outcome of the review will be. A genuine review has 3 possible outcomes (keep the same, lower or increase). The letter only discusses outcome 3 being "increased". Can someone answer the following:

    1) can the VOA go back on what my previous review had agreed, ie, reverse the agreed lowering in October 2016? My property has not changed in the last year since the previous review!
    2) Can i make a freedom of information request to get hold of the actual sold prices in my postcode back in 1991? I can only find sold prices back to 1996. Maybe I can get the actual sold prices from 1990 to 1996 elsewhere?
    3) If they increase my banding, will I have to pay back my previous refund and back date what they would claim is an under payment of council tax? This will cause me financial hardship! I will definitely go to tribunal if they increase my banding, since I should definitely be in band C and not D.

    I am really angry, since I feel I am being messed about by valuation office! I know the outcome of the review could be "no change", but I do not think so given the wording of the letter!

    Thanks!
  • lincroft1710
    lincroft1710 Posts: 17,623 Forumite
    Photogenic Name Dropper First Anniversary First Post
    1) Yes. If the VOA are considering increasing the band less than a year after reducing, there must be a very good reason.

    2) No. Even if you could, the VOA don't hold 1991 prices on a postcode basis.

    3) No. Any increase of the amount payable can only take effect from the date you were notified of the increased band.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • anotherday1
    anotherday1 Posts: 38 Forumite
    First Post First Anniversary Combo Breaker
    edited 6 August 2017 at 2:31PM
    lincroft1710 wrote: »
    1) Yes. If the VOA are considering increasing the band less than a year after reducing, there must be a very good reason.

    The only "very good reason" would surely be incompetence back in October 2016? I gave my reasons for the lowering and the reviewer in VOA agreed that an error was made back in 1991.

    Could I be stuck in this cycle permanently?

    Lower my band-->review a year later resulting in an increase-->go to tribunal and they lower it-->a year later they do a review and they increase again-->etc.

    At the end of day, I feel I should have the security of knowing what band I am in; without the fear of the government changing their mind!
  • lincroft1710
    lincroft1710 Posts: 17,623 Forumite
    Photogenic Name Dropper First Anniversary First Post
    anotherday1 wrote: »
    The only "very good reason" would surely be incompetence back in October 2016? I gave my reasons for the lowering and the reviewer in VOA agreed that an error was made back in 1991.

    Could I be stuck in this cycle permanently?

    Lower my band-->review a year later resulting in an increase-->go to tribunal and they lower it-->a year later they do a review and they increase again-->etc.

    At the end of day, I feel I should have the security of knowing what band I am in; without the fear of the government changing their mind!

    The VOA can alter a CT band at any time if they believe it is incorrect.

    It is quite possible that the person who reviewed the band last year either did not know the area and the "tone" or did not research the evidence. Now a more experienced person has realised that some bands may have been reduced in error and is investigating the matter which is the correct thing to do.

    Or there could have been a recent Valuation Tribunal decision which casts doubt on the validity of the reduction.

    Or new evidence has come to light. Because of the method of recording pre 1992/3 sales evidence it was very easy for mistakes to be made in assigning the town/village the property was situated in.

    I have known bands be changed twice, but in the 12 yrs I dealt with CT at the VOA, I never encountered a band being changed 3 times.

    I would suggest you contact them and simply ask why they believe the band needs to change again.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • anotherday1
    anotherday1 Posts: 38 Forumite
    First Post First Anniversary Combo Breaker
    lincroft1710 wrote: »
    The VOA can alter a CT band at any time if they believe it is incorrect.

    It is quite possible that the person who reviewed the band last year either did not know the area and the "tone" or did not research the evidence. Now a more experienced person has realised that some bands may have been reduced in error and is investigating the matter which is the correct thing to do.

    Or there could have been a recent Valuation Tribunal decision which casts doubt on the validity of the reduction.

    Or new evidence has come to light. Because of the method of recording pre 1992/3 sales evidence it was very easy for mistakes to be made in assigning the town/village the property was situated in.

    I have known bands be changed twice, but in the 12 yrs I dealt with CT at the VOA, I never encountered a band being changed 3 times.

    I would suggest you contact them and simply ask why they believe the band needs to change again.

    Do I have a legal right to know what they are basing their decision on?

    I can't get pre-1996 sold prices. My argument is that if they have sold prices in 1991 indicating band D, then this could be due to the cost of a garage in a garage block at the end of the road or a garage attached to the property. Out of the 14 properties in my street, only 3 have garages attached to the properties on the house plot. Of the remaining get 11 properties, some of them included a garage in the garage block down the road. The cost of a garage in the block should be ignored for CT purposes, since the garage isn't physically part of the property and they could be bought or sold separately. I argued this and this was agreed a year ago in my case, since I do not have a garage on my plot or in the garage block down the road. I think some bright spark has suddenly found sold prices indicating band D in 1991. But they are not aware of the garage issue. I live in a city with limited parking and these garages are worth more than £28K now. This is more than 10% of the price of a property without a garage. A garage physically part of the would be worth considerably more than £28K. These houses are probably worth more than 20% more than mine.

    Do I have a legal right to know what they are basing their new decision on?

    I will naturally phone the person doing the review!
  • lincroft1710
    lincroft1710 Posts: 17,623 Forumite
    Photogenic Name Dropper First Anniversary First Post
    anotherday1 wrote: »
    Do I have a legal right to know what they are basing their decision on?

    I can't get pre-1996 sold prices. My argument is that if they have sold prices in 1991 indicating band D, then this could be due to the cost of a garage in a garage block at the end of the road or a garage attached to the property. Out of the 14 properties in my street, only 3 have garages attached to the properties on the house plot. Of the remaining get 11 properties, some of them included a garage in the garage block down the road. The cost of a garage in the block should be ignored for CT purposes, since the garage isn't physically part of the property and they could be bought or sold separately. I argued this and this was agreed a year ago in my case, since I do not have a garage on my plot or in the garage block down the road. I think some bright spark has suddenly found sold prices indicating band D in 1991. But they are not aware of the garage issue. I live in a city with limited parking and these garages are worth more than £28K now. This is more than 10% of the price of a property without a garage. A garage physically part of the would be worth considerably more than £28K. These houses are probably worth more than 20% more than mine.

    Do I have a legal right to know what they are basing their new decision on?

    I will naturally phone the person doing the review!

    As far as I am aware there is no provision in CT legislation conferring any rights in law for a council taxpayer to be informed of the reasoning behind a decision. However explaining the reason(s) for the decision would be prudent and customer friendly.

    Your theory about the garages may be correct, it sounds very plausible. It is one I have encountered, but in opposite circumstances to yours, where I would and did not reduce the band of an end terrace house with attached garage to the same band as those ascribed to inner terrace houses with unconnected garages in a block.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • ianianian_2
    ianianian_2 Posts: 234 Forumite
    First Anniversary Combo Breaker First Post
    Hi guys,

    Don't like posting these questions as i'm sure they'll have been asked in the 1000000 previous posts, but i've read half of them and can't find the answers...
    1. On http://cti.voa.gov.uk/ where you can check the banding of your with a lower band has the 'improvement indicator' column ticked - does this mean they've challenged their banding and had it reduced?
    2. If correct, as we've all got similar houses, i'm assuming we should all be challenging?
    3. Our house is worth twice as much as it was in 1991* - assuming i'm not going to get put up three bands if i challenge and fail?

    * I'm not bragging there - i'm still poor!

    Thanks!
  • lincroft1710
    lincroft1710 Posts: 17,623 Forumite
    Photogenic Name Dropper First Anniversary First Post
    edited 17 September 2017 at 2:55PM
    Improvement indicator means that alterations to the dwelling carried out by a previous owner, so when next sold CT band will need to be reviewed. Bands are still based on 1991 values
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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