Council tax rebranding

cavemanlc · 20 February 2019 at 4:42PM

Hi all,

Hoping you can help - looking to challenge my parents council tax as they are E compared to most of the street being D/C. However they are one of the few detached houses but the 1991 price would equal Band D... anyway, my 2 questions:
1) They will be moving in the next couple of months - does this matter at all?
2) If the council decide to increase the council tax rate can they demand a backdated payment from them? (I am 90% sure they will recieve a refund but they won't risk a 90% if they may receive a large bill)

thanks all

lincroft1710 · 20 February 2019 at 6:01PM

If they are outside the 6 month time limit, it would be better for the new occupiers to make a formal appeal, as they would have the right to a Valuation Tribunal hearing. The council do not deal with CT banding this is done by the Valuation Office Agency (Eng & Wales) or the Assessor (Scot).

If you have calculated the 1991 value from house price indices, then as these are inaccurate and too general, you will at best get a very rough guide, at worst a completely skewed valuation.

It is extremely unlikely that the band would be increased and it would not be backdated.

cavemanlc · 21 February 2019 at 12:50PM

lincroft1710 wrote: »

If they are outside the 6 month time limit, it would be better for the new occupiers to make a formal appeal, as they would have the right to a Valuation Tribunal hearing. The council do not deal with CT banding this is done by the Valuation Office Agency (Eng & Wales) or the Assessor (Scot).

If you have calculated the 1991 value from house price indices, then as these are inaccurate and too general, you will at best get a very rough guide, at worst a completely skewed valuation.

It is extremely unlikely that the band would be increased and it would not be backdated.

Hi Lincroft - really appreciate your response and agree V. unlikely for the increase - out of interest do you have a reference to anywhere that shows that they will not backdate a charge if an increase were to occur? Want to put my 'rents mind at rest with something to refer to if you would be so kind. I have looked but struggling to find anything.

lincroft1710 · 21 February 2019 at 3:36PM

The SI came out after I had left VOA, so not sure. But if you google "VOA Council Tax Manual" then look for "Effective Date of Alteration" (or similar) you will come across several scenarios. One should be "Date of Alteration when Band increased on account of incorrect first banding" (or similar). It should say "Effective Date is date of Alteration of Valuation List (or date of Notice)" (again or similar) which means the actual date the band was increased.

To give an example:

If on 10 Feb 2019, a dwelling was found to be in Band D when it should have been Band E, the VOA will subsequently issue a Notice to alter the Valuation List, the Effective Date would be (for example) 18 Feb 2019, when the VL was altered. So up to and including 17 Feb 2019, the dwelling was Band D, 18 Feb 2019 and after Band E. Thus charged on Band E only from 18 Feb 2019.

cavemanlc · 10 April 2019 at 2:11PM

Thanks for all your help - rebanded and a 5.7K rebate for them for 18 years!

Council tax rebranding

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