Council Tax. Council's powers to obtain information

CIS

From dealing with many similar cases I must admit that, yes I do wonder why there is such a reluctance to provide the information requested, but on the other hand I would agree that there may be a problem with the local authority.

I would suspect that the name has been added in error by someone who's looked at the wrong document whilst working on a pile of cases and its been a genuine error by the local authority. I can see why they are asking for proof of tenancy as they will be looking the account as it stands now and then looking at what the tenant is saying and then wondering why the name and sex have changed, they want the proof so that they can make sure the liability is correct and they know who is actually in the property.

The route I would take is to ask them to look at the documents they have for when the account was first opened and check what they say in comparison to the name currently shown. They should be able to realise from that that they dont have the records that match.

What informtion was provided to open the account in the first place ?.

Barry_D

clutton wrote: »

just show them the blooming tenancy agreement.. end of.....

the solution is looking you in the face.. you are too stubborn to accept it

The tenancy agreement does not confirm identity, which is what they are after. I could probably show them a tenancy agreement with Nancy Regan as the landlord and Reggie Kray as the tenant in my other house and they wouldn't think there was anything wrong.

The council have been offered suitable ID that does confirm identity and we are awaiting their response.

Barry_D

CIS wrote: »

From dealing with many similar cases I must admit that, yes I do wonder why there is such a reluctance to provide the information requested, but on the other hand I would agree that there may be a problem with the local authority.

I would suspect that the name has been added in error by someone who's looked at the wrong document whilst working on a pile of cases and its been a genuine error by the local authority. I can see why they are asking for proof of tenancy as they will be looking the account as it stands now and then looking at what the tenant is saying and then wondering why the name and sex have changed, they want the proof so that they can make sure the liability is correct and they know who is actually in the property.

The route I would take is to ask them to look at the documents they have for when the account was first opened and check what they say in comparison to the name currently shown. They should be able to realise from that that they dont have the records that match.

What informtion was provided to open the account in the first place ?.

I agree that's how the error probably crept in in the first place; and it's trying to get the right name on the bill that is causing the problems. We are on letter #5 to the council and awaiting a response.

Copies of previous correspondence have already been sent but they have said the correspondence doesn't identify who the tenant is. It does, and the tenant herself has written and admitted liability four times. All bills, insurances, TV licence, bank accounts, passport, driving licence, V5 documents are all in her name. Apparently these documents don't count as valid ID.

CIS

What level of person have you addressed letters to so far ?

Cannon_Fodder

A long list of documents you/she are prepared to provide, and have done.

1 document you steadfastly refuse to provide.

If privacy was such an over-riding concern earlier, why should a V5, driving licence, or passport be provided ?

Pure bloody mindedness, as far as I can see.

Time to hit the spam button, guys.

Barry_D

CIS wrote: »

What level of person have you addressed letters to so far ?

Two (different) assistants initially. Then a Taxation Officer who was the last person to reply to the correspondence. Next step would be a higher level as was suggested by someone earlier.

CIS

The person most likely to be running the team on a day to day basis is the Senior Officer with their manager most likely being a Principal Officer.

mynameisdave

Barry_D wrote: »

The tenancy agreement does not confirm identity, which is what they are after. I could probably show them a tenancy agreement with Nancy Regan as the landlord and Reggie Kray as the tenant in my other house and they wouldn't think there was anything wrong.

The council have been offered suitable ID that does confirm identity and we are awaiting their response.

So why are you thinking a phone call will? The tenant needs to go to the council offices and sort it.

Barry_D

Cannon_Fodder wrote: »

If privacy was such an over-riding concern earlier, why should a V5, driving licence, or passport be provided ?

Quite simple.

First, an agreement between two or however many parties is not an agreement that the council has any need to see; and a tenancy agreement (as opposed to any other form of agreement) does not necessarily identify who the liable person is. Privacy has never been an over-riding concern. Yes, it was mentioned. The privacy point arises from the fact that the clauses, conditions and nuances of any agreement are not written for all and sundry to debate and discuss, but for the parties to that agreement to agree on. What if there was a clause in the agreement (for example: Tenant A must do activity X in front of window N on every third Wednesday of the month at 10.37am) that the council objected to? An extreme example I know, but it demonstrates a point.

It should be sufficient for me to write to the council and say "She is my tenant and she is liable for council tax" when it is accompanied with a letter from her saying to the council "I am the tenant and I am the liable person [for council tax]".

Secondly, the council require proof of identity. A tenancy agreement does not provide proof of identity.

Spam? I think not!

Barry_D

mynameisdave wrote: »

So why are you thinking a phone call will? The tenant needs to go to the council offices and sort it.

A phone call won't. The council have been asked in writing as well as verbally to visit the property .