Council Tax. Council's powers to obtain information

Barry_D

Hi Everyone,

My first post...not really sure if I'lL find the answer here but here's to hoping!

I have a house which I let out. As a landlord, I notify the council when there is a change of tenant but I do not notify them of who the new tenant is. This has always been acceptable in the past.

Recently however, the council issued an incorrectly addressed bill (i.e. it had the wrong name on it) to my new tenant and my tenant wrote to them and asked them to provide a correctly addressed one before she pays the council tax. In response, the council wrote back to her and said that in order to do so, they would first have to see a copy of the tenancy agreement. We have both refused to give them sight of the copy as we do not believe that an agreement between two parties is the business of anyone other than the parties to that agreement. The council have refused to issue a correctly addressed bill until they have seen the agreement. She has admitted she is the liable person for council tax and has said to the council that she will pay the bill when she receives a correctly addressed bill.

My question is: What legislation is there in place which gives the council power to request copies of such documentation? Personally, I don't believe there is any. Yes, the council has to verify who the responsible person is, but the legislation does not empower the council to enforce the handing over of documents. The identity of the liable person can be confirmed with passports/driving licence etc.

Any help would be appreciated.

Thanks!!

Barry D

poppysarah

Seriously?

Just show them a copy of the tenancy agreement.

Cannon_Fodder

Its not just about the identity of the tenant.

How would they be able to tell the date upon which the tenant becomes liable without the tenancy agreement?

I don't know if there is any law on this. But if I was her, I would agree to let them see it, anyway, to make sure I was charged from the correct date.

i.e. if there was a gap between the previous tenant and this one, you might have to pay something for the missing period.

poppysarah

Although gaps may be free if you show you've moved out ... properties have up to 6 months free when empty (councils may vary on rules though)

The only reason for not showing them the tenancy is a fiddle is going on. Explain your reason if this isn't it. And don't say "privacy"

Barry_D

Cannon_Fodder wrote: »

Its not just about the identity of the tenant.

How would they be able to tell the date upon which the tenant becomes liable without the tenancy agreement?

I don't know if there is any law on this. But if I was her, I would agree to let them see it, anyway, to make sure I was charged from the correct date.

i.e. if there was a gap between the previous tenant and this one, you might have to pay something for the missing period.

Thanks. I think I've added a signature now.

The point is that a legal agreement between two (or ten or however many numbers there are) parties is just that. It's an agreement between the parties involved. No-one else has a right to see the content of that agreement. The issue isn't that there may be a gap in the tenancy - the issue is that people have a right to privacy and I was trying to ascertain what piece of legislation there is that empowers the council to such an extent that it can request to see the content of a private agreement.

In carrying out its function as a billing authority, the council has to establish who the liable person is. Liability has been admitted by my tenant and there is therefore no need for it to be established any further. The council now wishes to see a copy of the tenancy agreement which, in my opinion, is wholly unnecessary.

clutton_2

i cannot see any reason whatsoever why you would not tell the council who your new tenant is when they move in.... whats the problem ? Its part of handing over legal responsibility for the property to another person - it also protects the LL if a tenant does NOT contact the council, or if they try to give a false date for the beginning of their tenancy...

just show them the agreement..... - they only want the first page with dates, fixed term and signatures on it...

Barry - stop being so "precious" - if the council are not satisfied - they have the authority to bill you.....

if the tenant ever needs to claim housing benefit they will need to show their AST anyway.....

Barry_D

poppysarah wrote: »

Although gaps may be free if you show you've moved out ... properties have up to 6 months free when empty (councils may vary on rules though)

The only reason for not showing them the tenancy is a fiddle is going on. Explain your reason if this isn't it. And don't say "privacy"

As it happens there is no fiddle going on. She is a tenant. I am her landlord. She lives alone. She has admitted liability and simply wants the bill in her name. The property is occupied for 11 months of the year. During the month that it is vacant it gets redecorated as necessary and anything that needs putting right, is put right.

And yes, there is a matter of privacy.

Barry_D

clutton wrote: »

i cannot see any reason whatsoever why you would not tell the council who your new tenant is when they move in.... whats the problem ? Its part of handing over legal responsibility for the property to another person - it also protects the LL if a tenant does NOT contact the council, or if they try to give a false date for the beginning of their tenancy...

just show them the agreement..... - they only want the first page with dates, fixed term and signatures on it...

Barry - stop being so "precious" - if the council are not satisfied - they have the authority to bill you.....

if the tenant ever needs to claim housing benefit they will need to show their AST anyway.....

Thanks.

People seem to be missing the point. I am trying to establish what the relevant law is...not who is or who may become liable at some hypothetical point in the future

Wee_Willy_Harris

Good for you Barry, I like a man of principle. Let them carry on sending bills to the wrong person. Why should the tenant pay anyone elses bill. Then, as principled as you are, once your tenant has left and they decide that the money owed is now the liability of the owner, you stick to your guns and pay them. Sounds like a plan to me. They won't care because they get paid. You're happy because you've stuck to your pointless principle. Everybody's happy. After all, what price can you put on a principle?

Peter_Upton

Why don't you phone the Council and see if they can tell you the relevant law that applies in this situation?

Barry_D

Wee_Willy_Harris wrote: »

Good for you Barry, I like a man of principle. Let them carry on sending bills to the wrong person. Why should the tenant pay anyone elses bill. Then, as principled as you are, once your tenant has left and they decide that the money owed is now the liability of the owner, you stick to your guns and pay them. Sounds like a plan to me. They won't care because they get paid. You're happy because you've stuck to your pointless principle. Everybody's happy. After all, what price can you put on a principle?

As it happens Wee Willy, I do stand on principle. But you, along with the others, have missed the point of my thread entirely!