This section tells you more about how to appeal against your Council Tax bill.
You can appeal on the following issues -
- You do not agree you are liable for the tax;
- You do not agree with the dates you are shown as liable for the tax;
- You have not been given a discount you believe should apply;
- You have not been given an exemption you believe should apply;
- You have not been given a reduction for a person with a disability and you believe you are entitled.
- You disagree with a penalty that has been imposed.
The appeal has two steps. Firstly, writting to the Council and explaining why an appeal is being made and the reasons you disagree with the decision made. We have 2 months to consider this and make a response.
If the appeal is rejected or we fail to respond within 2 months a further appeal can be made to the Valuation Tribunal service, which is independent of the Council. More details on this service can be found at the Valuation Tribunal Service. Any appeal to this service must be made within 2 months of the Council rejecting the initial appeal or within 4 months of the initial appeal where the Council fails to make any response.
If you wish to appeal against a decision made on Council Tax Support or Housing Benefit , there is a separate process.
Pending any appeal being determined Council Tax remains payable as billed.
For more information or if you have an enquiry please contact us.
Appeals to the valuation tribunal
You can make appeals to the Valuation Tribunal if: You are the owner of a newly built unoccupied property and disagree with the completion date shown on the completion notice we have sent you. This will be the date the property will be banded from and included in the Valuation List. If you disagree with the date, you need to appeal within 28 days of receiving the completion notice. You can also make an appeal to the Valuation Tribunal if:
- You disagree with a decision we have made about an appeal you made to us.
- We have not made a decision on your appeal to us within 2 months. as long as no more than 4 months have passed since you first wrote to the Council.
- You disagree with the decision of your appeal to the Valuation Office.
Appeals need to be made in writing to:
Valuation Tribunal Service, Hepworth House 2 Trafford Court Doncaster Yorks DN1 1PN
Telephone : 01302 342324 Fax : 01302 321447
Tribunal Service Website The valuation tribunal, which is independent of both the valuation officer and Oadby and Wigston Borough Council. They will contact you to arrange a hearing, and send you a leaflet to explain how the process works. The hearings are free however if a solicitor presents your case, you will need to pay their charges whether you are successful or not. You still have to pay council tax until your appeal is decided. If your appeal is successful any overpayments will be refunded.
The power to do this is at the discretion of the Council and the current policy at OWBC is not to offer such a discount. This decision was taken as it was felt that to allow a discount would disadvantage those who did not have the means to pay in full rather than by instalments, and the cost of the discount would have to be met by all Council Tax payers as it would not be covered by the increase in cash flow.
No, you cannot get interest on overpaid Council Tax. There is no provision in law to allow it so it would be illegal for the council to pay it.
No, if you stop paying, we are obliged to commence recovery action against you. Your liability to pay Council Tax is not affected by provision of local authority services.
You should contact the local authority responsible for providing the service and say why you are unhappy. You can pursue the matter through the Council’s complaints procedure if necessary, and ultimately involve your local Councillor and/or the Ombudsman as appropriate.
Yes. The Council Tax Regulations state that payment is still due irrespective of any appeal or benefit claim that may be outstanding. This is because there are separate legal avenues for pursuing different outstanding matters.
The Valuation Office Agency (VOA) , which is a Central Government Agency, is responsible for allocating a Council Tax banding to all homes in England, for maintaining the Council Tax valuation lists, and for dealing with banding queries. You can find more information on how Council Tax bands are allocated and you can check the banding of your property, on the VOA website.
You may be entitled to Council Tax Support, or qualify for a status discount or an exemption from Council Tax.
For further information please contact us or visit our web pages on Council Tax Support.
The Council’s preferred method of payment is direct debit, but it also offers a wide variety of other payment methods. For details please see the back of your Council Tax bill or visit our Payment Options webpage.
The Council sets the standard level of Council Tax (called the band D tax level) in February/March each year. Each home is in one of eight valuation bands A to H based on the property’s capital value as at 1 April 1991. The actual tax paid depends on which band the property is in.
Yes, provided that you pay in advance of your instalment date not in arrears e.g. if your instalment date is 1 April you should pay that instalment on 28 March but not on 28 April. This way, you still only pay the same monthly amount (but a few days in advance) and you will then have January and February when you do not have to pay an instalment.
If your house has been extended or changed prior to you buying it, but since it was originally valued and banded, it will only be re-valued and issued with a new band when a material change takes place. The transfer of ownership of a property is classed as a material change.
Council tax property banding is decided by the Valuation Office - a separate Government body. If you disagree with your band or would like to query it, please contact the Valuation Office direct on Leicester 0300 050 1501. Further details can be found on their website.
Council Tax is not a direct payment for services received. It is a means whereby each householder contributes towards the cost of services provided in their locality e.g. Fire, Police, Education, Social Services. Your contribution is based on the capital value of your home as at 1 April 1991.
The council acts as a collection agent for:
- Leicestershire County Council
- Leicestershire Police Authority
- The Combined Fire Authority
These bodies set their own budgets and we bill and collect Council Tax on their behalf in addition to the Council Tax for services provided by OWBC.
Council Tax Regulations give everyone the right to pay in monthly instalments, usually over 10 months. Payments are due on 1 April ( or 15 April if paying by direct debit) and each month thereafter until 1 January. If payments are not made by the due dates shown on your Council Tax bill reminders are sent promptly. If these are not paid in full within 7 days, recovery action will continue which may remove your right to pay by instalments. The full year then becomes due and payable in full.
For further information visit our web page Advice if your Council Tax is in arrears.
The Regulations give some discounts in specific cases. However, homes that have been unoccupied for more than 28 days, and are unoccupied and substantially unfurnished usually pay 100% Council Tax.
Councils are given some discretion within the Regulations on the amount of discount allowed for empty properties. Most Councils, including OWBC, have opted to allow the smallest or no discount in order to encourage empty homes to be occupied as quickly as possible.
Last updated: Thursday, 13 October 2016 2:33 pm