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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor.
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In 1991 Local Council "Rateable Values" of Domestic properties

Customer Question

In 1991 Local Council "Rateable Values" of Domestic properties was cancelled and replaced by "Council Tax Rate Bands A to H"
The Management Company of my one of 33 identical flats has continued to charge 3 different "Service Charges" based on the Rateable Values allocated in 1975.
The "Service Charge" is for the mutual maintenance of the 33 flats and surely should be equal for all flats and has NOTHING to do with Council rates
The Management claim that the lease states;
"The Service Charge means the proportion of the net rateable value of the demised premises bears to the total net rateable value of all the flats and garages on the estate of the total service cost."
Surely the 1991 act cancels or nullifies the lease in this regard.
I would appreciate your reply.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I omitted to State that all 33 flats are now rated Band B
Expert:  JGM replied 1 year ago.
Thank you for your question.
Council tax has nothing to do with service charges. Although council tax is now the way that local councils impose tax on the owners of properties, properties still have rateable values albeit that those are now historic. I presume that the title deeds of the properties provide that service charges are to be made in proportion to the rateable value of each property. That is a common situation and one which is not and cannot be affected by local government legislation concerning council tax.
Please leave a positive response so that I am credited for my time.