Challenging your council tax band.

Challenging your council tax band.

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vrsmxtb

Original Poster:

2,002 posts

156 months

Saturday 15th November 2014
quotequote all
The other evening we had a chap knock on our door, with a good spiel about how many households are potentially in the wrong council tax banding as the evaluations were done in such a quick, slapdash way back in the 90s. All sounded quite legit, however the company was basically a no win, no fee set-up, with 50% plus VAT of any refund paid out going to them.

Didn't sign up as it sounded a very weak deal, however I'm very gald he did knock on the door as it got me investigating it myself. With the help of the truly brilliant MSE website, it seems like it's really simple to DIY it and within about 10 mins on google I'd put a very strong case for a band review together and e-mailed off to the local valuation office.

Hoping for around £170 less tax a year, and potentially a 4 figure refund, as been in the same property well before 1991.

Anyone else successfully challenged their banding? How simple was it to squeeze the backdated refund out of the council?

LC23

1,285 posts

225 months

Saturday 15th November 2014
quotequote all
I went through all this with the valuations office at the time. Presented my case, the fact that next door to me was in a lower band and is a larger property (extension), over the road is a lower band. Old valuations (as best could be obtained) showed the value of my property at the time it was originally done should have had the property in a lower band. I will leave you to guess the outcome; and I think if it is not within six months of moving into the property you have no right to appeal (or didn't at the time). Their decision is final.

vrsmxtb

Original Poster:

2,002 posts

156 months

Saturday 15th November 2014
quotequote all
LC23 said:
I went through all this with the valuations office at the time. Presented my case, the fact that next door to me was in a lower band and is a larger property (extension), over the road is a lower band. Old valuations (as best could be obtained) showed the value of my property at the time it was originally done should have had the property in a lower band. I will leave you to guess the outcome; and I think if it is not within six months of moving into the property you have no right to appeal (or didn't at the time). Their decision is final.
On the MSE guide to doing this it says that the 6 month time limit is a misconception. Did you appeal?

Simpo Two

85,422 posts

265 months

Saturday 15th November 2014
quotequote all
LC23 said:
I went through all this with the valuations office at the time. Presented my case, the fact that next door to me was in a lower band and is a larger property (extension)...
Same here, though in my case my 3-bed house had been put in the same band as the 4-beds which surround it. Council refused, I chose a Tribunal, they bailed out before we got to it. But that was at the outset so no backdating. Not sure what the policy is on that.

jamesc_1729

468 posts

189 months

Saturday 15th November 2014
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Anyone thinking about this (as I was) should be aware that if your argument is on the basis of local discrepancies (rather than historic valuations) they can put either your or your neighbours banding up, as well as down.

LC23

1,285 posts

225 months

Saturday 15th November 2014
quotequote all
vrsmxtb said:
On the MSE guide to doing this it says that the 6 month time limit is a misconception. Did you appeal?
I didn't appeal as at the time I went through this (a few years ago now) it seemed to be clear there was no right of appeal.

vrsmxtb

Original Poster:

2,002 posts

156 months

Sunday 16th November 2014
quotequote all
LC23 said:
vrsmxtb said:
On the MSE guide to doing this it says that the 6 month time limit is a misconception. Did you appeal?
I didn't appeal as at the time I went through this (a few years ago now) it seemed to be clear there was no right of appeal.
It sounds like you can appeal within 3 months.

http://www.moneysavingexpert.com/reclaim/council-t...

We've had an acknowledgement letter and will hear back within 2 months, I'll post the result when we get it.

LC23

1,285 posts

225 months

Sunday 16th November 2014
quotequote all
vrsmxtb said:
It sounds like you can appeal within 3 months.

http://www.moneysavingexpert.com/reclaim/council-t...

We've had an acknowledgement letter and will hear back within 2 months, I'll post the result when we get it.
That's a shame (for me!) as when I went through this I don't remember there being an appeal process. I took things as far as I could as set out at the time and got nowhere. Good luck and I hope you get the right result.

m444ttb

3,160 posts

229 months

Tuesday 18th November 2014
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I challenged ours (and the subsequent rejection) earlier this year having learned that our next door neighbour is on band C while we're on D. We live in a terrace! However the terrace is split with an archway in the centre and we own the space above. This just tips over the square footage for the next band apparently. So for very little extra useful space we get to pay £300 pa extra.

PF62

3,631 posts

173 months

Tuesday 18th November 2014
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m444ttb said:
This just tips over the square footage for the next band apparently.
When I challenged mine (and won), they tried this argument "problem with bands, there has to be a boundary, doesn't matter how far you are over the line" etc. I looked at the list of properties within 1/4 mile of my house and found plenty that were larger that was in the band I was aiming for.

One of the problems with challenging the band, is even if you find comparable properties, the VOA may argue that they should be in a higher band. They have the sale prices for all properties, but won't let you see them. I was able to 'prove' that these larger properties were correctly banded, as although my house had been built long after 1991, these properties existed then. So I popped along to the local library and spent an hour with the microfiche of the local newspapers circa 1990/1991. By looking at the estate agents adverts it wasn't too hard to find examples of the properties with asking prices (all of which were well into the band I was aiming for).

I gained the sense that if you had done your homework, then if the case was on the edge you may win as they didn't want to spend time arguing. If you were chancing it, then they would reject it.

As for the appeal/no appeal issue, I seem to recall that you had a statutory right to an appeal to tribunal in specific circumstances, for example within x months of moving in. However if you were outside that period you could argue that the VOA* wasn't doing its job properly in maintaining a proper list. In both cases the initial discussion is with the VOA and if they agree, fine. However if they disagree, then only if you have a statutory right can you take their refusal to tribunal.

  • In case anyone wasn't aware, the VOA maintains the banding list, the council collects the money based on the list, or in my case, sent me a nice big cheque.

vrsmxtb

Original Poster:

2,002 posts

156 months

Wednesday 19th November 2014
quotequote all
PF62 said:
When I challenged mine (and won), they tried this argument "problem with bands, there has to be a boundary, doesn't matter how far you are over the line" etc. I looked at the list of properties within 1/4 mile of my house and found plenty that were larger that was in the band I was aiming for.

One of the problems with challenging the band, is even if you find comparable properties, the VOA may argue that they should be in a higher band. They have the sale prices for all properties, but won't let you see them. I was able to 'prove' that these larger properties were correctly banded, as although my house had been built long after 1991, these properties existed then. So I popped along to the local library and spent an hour with the microfiche of the local newspapers circa 1990/1991. By looking at the estate agents adverts it wasn't too hard to find examples of the properties with asking prices (all of which were well into the band I was aiming for).

I gained the sense that if you had done your homework, then if the case was on the edge you may win as they didn't want to spend time arguing. If you were chancing it, then they would reject it.

As for the appeal/no appeal issue, I seem to recall that you had a statutory right to an appeal to tribunal in specific circumstances, for example within x months of moving in. However if you were outside that period you could argue that the VOA* wasn't doing its job properly in maintaining a proper list. In both cases the initial discussion is with the VOA and if they agree, fine. However if they disagree, then only if you have a statutory right can you take their refusal to tribunal.

  • In case anyone wasn't aware, the VOA maintains the banding list, the council collects the money based on the list, or in my case, sent me a nice big cheque.
Indeed, its all about the evidence, I haven't gone to the extreme of raiding the local reference library yet, but as part of my evidence I found some sale prices and used the Nationwide property value convertor to backdate the approximate values to the 1990s and a property identical to ours, literally next door of a semi-detach worked out at nearly £10k below the £52k threshold set back then.

I also found next door on the otherside, again an identical property in size and construction sold for £54k in 1999 so taking off inflation of 8 years, I'm confident it would've been under £52k in 1991.

If they reject, I'll get ready for a microfilm session in the library!

vrsmxtb

Original Poster:

2,002 posts

156 months

Wednesday 19th November 2014
quotequote all
LC23 said:
vrsmxtb said:
It sounds like you can appeal within 3 months.

http://www.moneysavingexpert.com/reclaim/council-t...

We've had an acknowledgement letter and will hear back within 2 months, I'll post the result when we get it.
That's a shame (for me!) as when I went through this I don't remember there being an appeal process. I took things as far as I could as set out at the time and got nowhere. Good luck and I hope you get the right result.
That's a shame, did they give any reasons why - it sounds like you'd done your homework and had plenty of evidence? How long ago was this roughly - from what I've read councils had some pressure on them in the last few years to give these claims a fair review.

DocJock

8,357 posts

240 months

Wednesday 19th November 2014
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Last year we received a cheque from Eastleigh Borough Council as a refund for incorrect banding of our house.

We never even appealed and had moved house three times since selling in 1996. I assume a neighbour had appealed and they decided to track down everyone who had been overcharged.

5pen

1,891 posts

206 months

Wednesday 19th November 2014
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I challenged mine back in 2007.

My appeal was initially rejected and they cited evidence that houses similar to mine were sold for a figure equivalent to the band I was in back in 1991. I asked to see their 'evidence' and supplied some of my own from local papers of the time suggesting that there were not.

They relented, lowered my banding by one and refunded the back-dated overpayments.

Good luck.

cold thursday

341 posts

128 months

Thursday 20th November 2014
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vrsmxtb said:
Anyone else successfully challenged their banding? How simple was it to squeeze the backdated refund out of the council?
Thanks for starting this thread. I have recently appealed my banding via the VOA website. I'm waiting to hear from them , I think I have a solid case for a band A. (was band C and before that band D) They have not even got my postcode right. I will let you know how it goes. I'm in Wales by the way, because it makes a difference. smile

The most important part is "How simple is it to squeeze the backdated refund out of the council ?"

Anyone else like to share here, I've not crossed that bridge yet.

vrsmxtb

Original Poster:

2,002 posts

156 months

Saturday 27th December 2014
quotequote all
Good news, we had a phone call just before Christmas and they have agreed with my evidence for the lowered tax band. The answerphone message wasn't completely clear, but it sounds like the council will be in touch regarding the new payment band and any refund due? Or do we have to instigate this?

SimonV8ster

12,597 posts

228 months

Sunday 28th December 2014
quotequote all
vrsmxtb said:
Good news, we had a phone call just before Christmas and they have agreed with my evidence for the lowered tax band. The answerphone message wasn't completely clear, but it sounds like the council will be in touch regarding the new payment band and any refund due? Or do we have to instigate this?
The VOA will notify your local authority who will then reimbuse you accordingly.

worsy

5,805 posts

175 months

Monday 29th December 2014
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We challenged ours on our self build. Interestingly we were told as a new home it would be cheaper to run and thus valued more compared to the victorian and 50s house locally. Tax by stealth springs to mind.

Anyway we appealed and managed to get into a lower band.

Pit Pony

8,563 posts

121 months

Monday 29th December 2014
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In 1985, we moved into a brand new house, which was in Band C. I wrote a letter to the council explaining the negatives about it's value. (Not actually in the National Park Boundary, - 30 foot out of it, backing onto a railway, A terrace, not a mews cottage, a large yard, not a small garden, a small house, with no mains water - we had a bore hole shared with 14 houses), plus proof of what we'd paid which was a lot less than the asking price, and suggested it should be in band A. They moved it to band B.

LC23

1,285 posts

225 months

Monday 29th December 2014
quotequote all
vrsmxtb said:
That's a shame, did they give any reasons why - it sounds like you'd done your homework and had plenty of evidence? How long ago was this roughly - from what I've read councils had some pressure on them in the last few years to give these claims a fair review.
Sorry for the (very) late reply. Only just seen this and pleased you got a positive outcome. I did everything I could and all evidence I put together (and could find) showed that the property should have been moved a band. They didn't budge. I can't remember why as it was a good few years ago now. It did feel like it was a " we aren't moving it, there is nothing you can do about it, tough" response.

I'm not sure I can revisit it as I have challenged it once already but perhaps it is time to have another look.