nod Posted March 14, 2018 Author Share Posted March 14, 2018 4 hours ago, jack said: It'd be funny if it weren't such poor behaviour. Have you asked the VOA for confirmation that the council doesn't have the right to charge you CT now that you aren't on the register? If they agree, I'd be moving on to making a formal complaint with your council. Harassing you to pay charges they have no authority to levy is borderline fraud. The VOA are trying to stay out of it They politely told me that they were asked to reconsider They have and removed the plot immediately The Council has requested that they revisit The VOA seem reluctant 1 Link to comment Share on other sites More sharing options...
nod Posted March 15, 2018 Author Share Posted March 15, 2018 Spoke to the local Council this morning They are sending someone down at 230 pm tomorrow Not from the VOA Link to comment Share on other sites More sharing options...
Plumbersmateuk Posted March 15, 2018 Share Posted March 15, 2018 11 minutes ago, nod said: They are sending someone down at 230 pm tomorrow Best of luck they sound like a right load of t#ssers 1 Link to comment Share on other sites More sharing options...
jack Posted March 15, 2018 Share Posted March 15, 2018 16 minutes ago, nod said: Spoke to the local Council this morning They are sending someone down at 230 pm tomorrow Not from the VOA Before they get there, I think you need something to confirm whether the council has the power to add to the council tax register a property that the VOA took off the register only two weeks ago. The general consensus here seems to be that they can't, but it would be really useful for you to be able to point at the specific law that says so. 1 Link to comment Share on other sites More sharing options...
jack Posted March 15, 2018 Share Posted March 15, 2018 @nod, when you contacted the VOA before, did you contact the officer who took your house off the register, or the general enquiries line? If you contacted the officer, it may be that they feel they can't advise because they're too close to the situation, or maybe it isn't really their area of expertise. In that case, it might be worth a call to the general enquiries line to explain your situation and get some advice. The number is 030000 501501. I think what you're really after is a summary of what power the council has to put you on the register when you've just had the VOA take you off. Good luck. 1 Link to comment Share on other sites More sharing options...
nod Posted March 15, 2018 Author Share Posted March 15, 2018 2 hours ago, jack said: Before they get there, I think you need something to confirm whether the council has the power to add to the council tax register a property that the VOA took off the register only two weeks ago. The general consensus here seems to be that they can't, but it would be really useful for you to be able to point at the specific law that says so. Same officer that did the valuation removed it from the list she told me that it looked finished from the outside But after looking at the photos I suplied said it obviously wasn’t and would remove it immediately The young lady I spoke to seems really hacked off that I contacted the VOA and said should have Even though the letter from the VOA said don’t hestitateto contact us With a number and email included Link to comment Share on other sites More sharing options...
Plumbersmateuk Posted March 15, 2018 Share Posted March 15, 2018 When the meeting takes place I would be inclined to record the conversion (if possible and legal) as, what they say in person may not be what you get in writing. Not wanting to sound negative. Link to comment Share on other sites More sharing options...
vivienz Posted March 15, 2018 Share Posted March 15, 2018 If you can call on anyone, it would also be helpful to have a third party there to act as an independent witness to the discussion. Link to comment Share on other sites More sharing options...
newhome Posted March 15, 2018 Share Posted March 15, 2018 35 minutes ago, Plumbersmateuk said: When the meeting takes place I would be inclined to record the conversion (if possible and legal) as, what they say in person may not be what you get in writing. Not wanting to sound negative. I would also take the opportunity to summarise your understanding of what they have said at the end of the meeting and ask them to confirm your understanding if you can. Someone there to act as witness is also a good idea if you can arrange it, and I guess you have security cameras in the house that record sound and movement? ? Of course they may not tell you anything at all during the inspection. Link to comment Share on other sites More sharing options...
jack Posted March 15, 2018 Share Posted March 15, 2018 2 hours ago, nod said: The young lady I spoke to seems really hacked off that I contacted the VOA and said should have Even though the letter from the VOA said don’t hestitateto contact us With a number and email included Crazy stuff. Why would anyone in her position get emotional about something so run of the mill? Link to comment Share on other sites More sharing options...
richi Posted March 15, 2018 Share Posted March 15, 2018 4 hours ago, nod said: They are sending someone down at 230 pm tomorrow Ask yourself why you would choose to give them access to your property, given you're in dispute with them. It's a simple matter to rescind the Council's implied right of access to your land, as @JSHarris would confirm. Link to comment Share on other sites More sharing options...
PeterW Posted March 15, 2018 Share Posted March 15, 2018 And hide the kettle ..... you don’t want it looking lived in ..! I would get a copy of @JSHarris letter and edit it and print a copy of it and hand it to the person as they leave ... there is no right of access then without your agreement and they will know you mean business.... Oh, and don’t forget to enforce the legal boots/hard hat/PPE rules and follow it yourself too..! 3 2 Link to comment Share on other sites More sharing options...
HerbJ Posted March 15, 2018 Share Posted March 15, 2018 Great advice .. 1 Link to comment Share on other sites More sharing options...
Jeremy Harris Posted March 15, 2018 Share Posted March 15, 2018 This was the notice I put up removing the implied right to access to our site by the council: Notice removal of implied rights - blanked.pdf This is an excerpt from the VOA guidance that may be useful: Excerpt from Valuation Office Agency guidance.pdf And these are some examples of case law regarding when a building becomes a rateable hereditamant (which is has to be before it can go on the list): Porter vs Trustees of Gladman Sipps.pdf RGM vs Speight.pdf 5 Link to comment Share on other sites More sharing options...
nod Posted March 16, 2018 Author Share Posted March 16, 2018 On 12/03/2018 at 19:01, JSHarris said: The law is the law, and I think I gave links to the case law defining a rateable hereditament in the other thread. Council tax cannot be charged unless a house is on the valuation register. It can only be put on the valuation register by the VOA. It can only be valued and placed on the register by the VOA if it meets the criteria laid down in the previously quoted case law, and the easy case to use is "Does the house have a potable water supply or not?" If the answer to that is "no", then it is, by law, not a rateable hereditament and so cannot be valued for Council Tax purposes and placed on the register. There are other criteria that are either defined in case law, or could be argued as placing the house outside the definition of a rateable hereditament; I only went as far as the water supply one as that was easy for me to control and prove if challenged. FWIW, the moment I started to quote the relevant case law to the council tax woman I was passed to their legal department, and after that the council just backed off very quickly indeed. They just sent me a very politely worded letter asking if I would please let them know when I considered the house was sufficiently complete to be valued for Council Tax. I delayed this right up to the completion inspection, by delaying getting the official public health water test (we're on a borehole), even though I knew from a private test that the water was OK. I only did this because the attitude of the council had got right up my nose, when they sent a snooper around.................. Jerremy could you please put the link back on again I can’t seem to find it in my search Link to comment Share on other sites More sharing options...
nod Posted March 16, 2018 Author Share Posted March 16, 2018 22 hours ago, jack said: @nod, when you contacted the VOA before, did you contact the officer who took your house off the register, or the general enquiries line? If you contacted the officer, it may be that they feel they can't advise because they're too close to the situation, or maybe it isn't really their area of expertise. In that case, it might be worth a call to the general enquiries line to explain your situation and get some advice. The number is 030000 501501. I think what you're really after is a summary of what power the council has to put you on the register when you've just had the VOA take you off. Good luck. Thank you for the contact number I’ve just tried it and it is coming back as no number could you check it pls Link to comment Share on other sites More sharing options...
nod Posted March 16, 2018 Author Share Posted March 16, 2018 Got it Extra 0 in there 1 Link to comment Share on other sites More sharing options...
jack Posted March 16, 2018 Share Posted March 16, 2018 One too many zeros, sorry. Should be 03000 501501 I just got it from their website. Link to comment Share on other sites More sharing options...
Jeremy Harris Posted March 16, 2018 Share Posted March 16, 2018 1 hour ago, nod said: Jerremy could you please put the link back on again I can’t seem to find it in my search The two cases plus the excerpt of the VOA guidance are in the post immediately before yours. Link to comment Share on other sites More sharing options...
nod Posted March 16, 2018 Author Share Posted March 16, 2018 14 minutes ago, JSHarris said: The two cases plus the excerpt of the VOA guidance are in the post immediately before yours. Thanks Jeremy ill let you know how I get on this afternoon 1 Link to comment Share on other sites More sharing options...
vivienz Posted March 16, 2018 Share Posted March 16, 2018 Good luck for this afternoon. 1 Link to comment Share on other sites More sharing options...
Plumbersmateuk Posted March 16, 2018 Share Posted March 16, 2018 2 hours ago, vivienz said: Good luck for this afternoon Yep me to, fingers crossed for ya 1 Link to comment Share on other sites More sharing options...
nod Posted March 16, 2018 Author Share Posted March 16, 2018 Well the council inspector has been Walked in and said You’ve no plaster on the walls Said let us know when you are completely plastered out and we will re assess When we deem it fit We will give you three months at 100% discount while you finish off and 50% there after We were supposedly in arrears by 2800 which would have nearly doubled byChristmas We are both very relieved Thank you all for you support after a really bad week Gary 5 Link to comment Share on other sites More sharing options...
jack Posted March 16, 2018 Share Posted March 16, 2018 So what the hell was that jobsworth you've been talking to on about? She needs a kick up the arse. Good news for you though. Take your time doing the plastering by the sound of it! Link to comment Share on other sites More sharing options...
newhome Posted March 16, 2018 Share Posted March 16, 2018 14 minutes ago, nod said: Well the council inspector has been Walked in and said You’ve no plaster on the walls Said let us know when you are completely plastered out and we will re assess That’s excellent news, well done! Love it when people stand up against mindless bureaucracy and win! You can put the kettle back now Link to comment Share on other sites More sharing options...
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