Council Tax. Council's powers to obtain information

Cannon_Fodder

The Council Tax (Administration and Enforcement) Regulations 1992

http://www.opsi.gov.uk/si/si1992/Uksi_19920613_en_3.htm#mdiv3

Information from residents, etc.

3.—(1) A person who appears to a billing authority to be a resident, owner or managing agent of a particular dwelling shall supply to the authority such information as fulfils the following conditions—

• (a) it is in the possession or control of the person concerned;

• (b) the authority requests (by notice given in writing) the person concerned to supply it; and

• (c) it is requested by the authority for the purposes of identifying the person who, in respect of any period specified in the notice, is the liable person in relation to the dwelling.

(2) A person on whom such a notice as is mentioned in paragraph (1) is served shall supply the information so requested—

• (a) within the period of 21 days beginning on the day on which the notice was served; and

• (b) if the authority so requires, in the form specified in the request.

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If you want to make them waste their time and money, which is taxpayers money, then they can put it in writing, and you will have to comply "in the form specified" in their request...

Barry_D

Peter_Upton wrote: »

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

I have, but unsurpisingly the woman I spoke to simply said she was unable to advise me!

My brother (who is a QC) and my sister in law (who is my solicitor) are on holiday until mid August. Neither of them knew off the top of their heads if the council had such powers but they suspected not as a rule. The issue can wait until they're back.

I was just hoping I would get some sensible responses like yours.

Wee_Willy_Harris

Barry_D wrote: »

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

Only because there IS no point. It is pointless. All you are doing is creating problems, not for the Council, but for yourself. And for what? What can you possibly hope to gain from all this? Or, for that matter, what do you fear in complying and confirming the information already freely provided? What an utter waste of everybodys time and taxpayers money at a time when local government budgets are already being stretched. Pointless.

clutton_2

Barry you have just been given the appropriate statutory powers

""The Council Tax (Administration and Enforcement) Regulations 1992 " - does what it says on the tin

why would any member of your family be able to tell you anything different ?

Barry_D

Cannon_Fodder wrote: »

...for the purposes of identifying the person who, in respect of any period specified in the notice, is the liable person in relation to the dwelling...

Thanks and agreed on the Regulations, I'm aware of this. The clause above is the relevant one.

Establishing who the resident is is necessary to determine liability. The liable person has already been identified in this case and is not in dispute.

A tenancy agreement does not (necessarily) identify a liable person any more than it verifies a person's identity; and the council is therefore unable to infer from such an agreement who the liable person is, so their request is, as far as I am aware, unenforceable.

However, if a person admits liability there is a need for that person to verify who they are. This can be achieved by any number of means -bank statements, driving licence, passport etc.

As for wasting taxpayer's money, councils are well versed in this already and need little assistance.

Cannon_Fodder

Cannon_Fodder wrote: »

, in respect of any period specified in the notice,

Just confirming their identity is NOT enough.

The period will require to be proven. You could, otherwise, give them a name from two years ago...then get a friend to ring up and pretend to be that person happy to be liable...

What else proves period ?

mynameisdave

The liable person has been identified. Yes
The dates for which they are liable have not.

The council need to see evidence of when they should stop billing the former tenant
When they should start billing you
When they should stop billing you
When they should start billing the new tenant.

They get it right and they bill everyone correctly. It is far more efficient that messing around sending this and that here there and everywhere while dates are confirmed and disputed.

Raggs_2

Barry_D wrote: »

As for wasting taxpayer's money, councils are well versed in this already and need little assistance.

I wonder just how much of this waste is caused by people playing silly !!!!!!s such as yourself.

Barry_D

mynameisdave wrote: »

The liable person has been identified. Yes
The dates for which they are liable have not.

The council need to see evidence of when they should stop billing the former tenant
When they should start billing you
When they should stop billing you
When they should start billing the new tenant.

They get it right and they bill everyone correctly. It is far more efficient that messing around sending this and that here there and everywhere while dates are confirmed and disputed.

Liable person identified
Dates have been identified and are shown on the bill.
Bill is incorrectly addressed.
Council will not amend the bill without sight of the tenancy agreement

In the event of non payment, what will happen will be that the council applies to the court for an order. The correspondence between me, tenant and council will be presented to the court by my solicitor, and my solicitor will then pursue a counter-claim for costs from the council.

It is unlikely that the court will uphold a claim for non payment when the liable person has been offering to pay all along but the council has refused to correct their own administrative error.

Meessing around? Me? I don't think so. the tenant and I have asked the council to do a simple task and they haven't.

Wee_Willy_Harris

You have waaaaaaaaaaaay too much time on your hands.