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Part four: the valuation tribunal
In this section we will tell you about:
- the role of the valuation tribunal (VT)
- the appeal hearing
Q35 What is the valuation tribunal?
Valuation tribunals are independent organisations set up to decide rating appeals. Most proposals are settled by agreement between the valuation officer and you or your adviser. If your proposal is not settled in this way, it will be considered as an appeal at a hearing where you and the valuation officer will be able to put your case before the tribunal. However, if both you and the valuation officer agree, the case can be considered on the basis of written evidence.
Q36 Can I withdraw my appeal?
You can withdraw your appeal at any stage if you want to. However, unless the valuation officer has declared your appeal invalid, you won’t be able to submit another appeal on the same grounds.
Q37 When will the hearing take place?
The hearing should take place shortly after the target date which the valuation officer gives in the programme for ending discussions on your case. However, the clerk to the valuation tribunal will give you at least four weeks’ notice of arrangements for the hearing.
If you need to change the date of the hearing, you can ask the clerk if he or she is prepared to postpone the hearing, but the clerk is only likely to do this where there are special circumstances. If you or your representative does not attend your hearing, your appeal may be dismissed.
Q38 What information will I be given?
At least three weeks before the hearing, the valuation officer will tell you about any similar properties that he or she may mention at the hearing to support the valuation of your property. You will be given the following information about each one.
- The person who gave the valuation officer the information.
- Basic rental information about the property - the yearly rent paid, how long the lease is for, and the dates for any rent reviews.
- Who is responsible for making any repairs and the work they are responsible for.
- The property’s current rateable value.
You can then ask to see the full valuations of these properties if you want to, and those of other similar properties that the valuation officer has information on.
Q39 Do I need to go to the hearing?
It is always better if you can go to the hearing as you will then be able to give the tribunal extra information to help them reach a decision. However, the tribunal can also deal with your appeal in the following ways.
Written submission
If you cannot go to the hearing and you want the tribunal to hear the case without you, but you and the valuation officer have not agreed to written representations, you must write and give details of any points that you want the tribunal to consider. The valuation officer will still go to the hearing.
Written representations
The tribunal can only deal with your appeal in this way if both you and the valuation officer agree to it. When the tribunal decide an appeal on written representations, they only consider the written evidence that you and the valuation officer provide. There is no formal hearing. If everyone agrees, the tribunal will let you know the procedure. They may ask you or the valuation officer for more evidence. However, they can also decide that they can only deal with the case by holding a formal hearing.
Q40 Who will be at the hearing?
The following people will be at the hearing.
The members of the valuation tribunal
Usually, three members will hear your appeal, although two members can hear an appeal if everyone at the hearing agrees. One of the members will chair the meeting. Members of the tribunal are local people who are volunteers. Although they may not be professionally qualified, they do receive training and are experienced in hearing appeals. The members of the tribunal are independent of the valuation officer.
The clerk
The clerk will act as an adviser on points of procedure and law. The clerk is a paid employee of the tribunal, but does not take any part in making the decision. The clerk is responsible for writing up the tribunal’s decision.
A representative from the valuation office
You will probably have already met the member of the valuation office staff, during the discussion of your proposal.
You
You can go to the tribunal hearing and put forward any evidence you want to present to support your case, or you can choose a representative, for example, a friend or a surveyor, to act for you. You can also bring someone along as a witness.
Members of the public
The tribunal hearing is open to members of the public. However, usually the only other people who go to a hearing are other people who are also waiting for their cases to be heard.
The tribunal can hear your appeal in private if you ask them to, but you must have a good reason for this.
Q41 What happens at the tribunal hearing?
The hearing is fairly informal and the tribunal will try to put everyone at ease. However, the hearing will follow a procedure to make sure that both you and the valuation officer can present your cases. The tribunal will decide who to ask to give their case first.
During the hearing:
- the tribunal will ask you and the valuation officer to present your case
- you will be able to ask the valuation officer questions
- the valuation officer will be able to ask you questions
- the tribunal can ask you and the valuation officer questions.
Before the tribunal makes their decision, they may ask you if you would like to give a summary of your case.
If you or your representatives do not attend your hearing, the tribunal may dismiss your appeal.
Q42 Will the tribunal tell me their decision on the day?
The tribunal can give their decision verbally at the end of the hearing. However, most tribunals send their decisions by post and they will tell you when you can expect to receive it. By law, the tribunal must give you a written copy of the reasons for their decision.
Q43 Can a tribunal increase my rateable value?
Yes. Tribunals base their decisions on the evidence put before them. They do not have to accept either of the values put forward by you or the valuation officer. They may increase rateable values rather than reduce them, although this is unusual. Any increase would only apply from the date of the decision.
Q44 Can the tribunal award costs?
No. The service is free. You only have to meet your own expenses (and the expenses of anyone representing you) in preparing your case and going to the hearing.
Q45 Is the tribunal’s decision final?
When the tribunal sends you their notice of decision, they will also send you details of what you can do next if you are not happy about the outcome of the hearing.
Q46 Where can I find out more about the valuation tribunal?
The Valuation Tribunal Service has published a range of leaflets on their work and advice on hearings. These include:
- ‘A guide to our notice of acknowledgement’
- ‘A guide to our notice of hearing’
- ‘A guide to our notice of decision’
If you would like to receive any of these guides, you should contact your local tribunal office (see Q47).
Published 2 July 2007
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