Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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London
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  1. #1
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    Default Council Tax re-banding

    Hi all, I've got a Council Tax question question regarding garages and parking to the rear of our rented property.

    Our property is currently banded as F for a 3 bedroomed (four residents, but a living room has always been used as a bedroom) maisonette. All indications seem to show that we are incorrectly banded as the property would have to currently be in the region of £650K to qualify under the £160K threshold of 1991. I believe it to be currently worth £525,000 approx..

    It has proved impossible to compare with any neighbours on recent sales due to the unique nature of our property. It is a raised maisonette between two victorian terraces with a driveway underneath leading to the garages/car-parking.

    Would this parking be assumed to be ours even though we do not lease any of the garages from the landlord and share access to the hard-standing area communally with neighbours at one of the two adjoining Victorian terraces.

    This is the only consideration that is stopping me asking for an assesment and so any input would be greatfully received.

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  2. #2
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    Default Re: Council Tax re-banding

    Difficult, as you've really nothing to compare it with. As is is rented, would this matter not be more properly the remit of the owner to pursue? The council will have originally assessed the property after it received its certificate of completion, so you could look back to check the banding at this time, and if any changes have been made in the intervening period.


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    Default Re: Council Tax re-banding

    Thanks Buzby. I understand your point regarding this being the remit of the landlord, but from what I understand, I am quite within my rights as a tenant, who has paid Council Tax at the property for 9 years, to request a re-banding and refund of overpayments.

    I'm not sure what you mean by Certificate of Completion. It's not a new property.

    In terms of comparisons, can I just look at other 3 bad maisonette's in the immediate area, but not neccesarily on the same street?


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    Default Re: Council Tax re-banding

    As a tenant, you may well pay a set rent that includes the contributionicon for CT, unless the property owner has made this your responsibility. I do not think a tenants has the right to request a re-banding (do remember, this can also work against you, and may cause friction with the owner).

    I mentioned the CoC as the banding would have been decided around that time and you could check (historically) whether there has been any changes since that time.

    To compare, yes you could but this would only be of use if they did come close to a band boundary, as esoteric differences can cause different properties to be placed on either side of this (arbitrary) figure.


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    Default Re: Council Tax re-banding

    Thanks once again, I'll try and do some research on the issue of Tenants applying. It does seem awfully unfair when we are the ones who pay the bill directly and are registered as the tenants with the council. As I mentioned, I had seen cases where the tenants have applied.

    Also, Why would any landlord object to their property being down-graded a band?


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    Default Re: Council Tax re-banding

    Because it implies that the house is worth less, and in principle, it could lower its market value. That depends on the snob value, basically. Where we are, being in a lower band is likely to increase the value, not lower it.

    Apologies to people who I was in the process of helping, I may be gone some time.

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    Default Re: Council Tax re-banding

    Because it implies that the house is worth less, and in principle, it could lower its market value. That depends on the snob value, basically. Where we are, being in a lower band is likely to increase the value, not lower it.
    I can't see how it would make the value less, the banding, if incorrect, has simply shown that it was valued incorrectly in 1991. The value will remain the same as it is now but as you have pointed out, it could be an advantage as its a great selling point to have a lower banding

    Tom


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    Default Re: Council Tax re-banding

    Thanks Bookworm & Tom. I can see both sides of the argument, but legally, is it impossible for me to make the claim? Does it have to be an owner occupier? I am the one registered to pay the Council Tax, not my landlord, after all.


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    Default Re: Council Tax re-banding

    AFAIK the legal owner and/or occupier can apply for a rebanding.

    I am just about to apply with the advice here?
    http://www.moneysavingexpert.com/rec...x-bands-change

    I am technically just the occupier. (My parents own the house and we pay rent to the equivalent of their re mortgageicon to buy it) So will let you know how I get on.

    Tom


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    Default Re: Council Tax re-banding

    Cheers Tom. MSE is where I picked up on this to begin with but couldn't see an answer to my inital question about the communal garages/parking area.
    I'm confident that we are in too high a band so will make the claim. It's going to be difficult to find a comparitive property, but I get the feeling they may have classed the property as four bed when originally valuing it and despite four people being in it, it's most definitely only three.

    How are you applying on-line? I couldn't work out how you do it


  11. #11
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    Default Re: Council Tax re-banding

    Yes, Camdenite, as tenant you can claim. I did this and had my band lowered.
    Either contact your coucil direct or go to Valuation Office Agency - homepage
    It can take a few weeks/months but may be worthwhile in the long run.



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