Council Tax and Housing Benefit

nadster

Does anyone know if MCC Council Tax have a problem with private mail boxes as the landlord's correspondence address...?

I am a landlord and my tenant recently received a letter from MCC Revenue and Benefits Unit requesting him to provide personal information about myself, until the tenant does so they have suspended his housing benefit. They have not had a problem with paying housing benefit since July 2010 when the tenant first moved in so cannot understand why they have one now. Prior to this had a tenant who moved in July 2009 and claimed HB and still had no problem. There has been no change in my correspondence address or for that matter the tenant’s circumstances

They are basically black mailing the tenant to get to me

Here is a list of the questions they want answering:

You have previously told me that your landlord is XXX and you have given his address as XXX.

However, our Council Tax records do not show XXX liable for Council Tax or business rates at this address.

Therefore we need to confirm either XXX residential address or business address (there should be a Council Tax or business rate liability for the address he is living at)

If XXX does not live in the UK we still need his address abroad.

If XXX is XXX’s business address please ask them to provide evidence to confirm this.

Please note if XXX is living out of the UK he will need a landlord/agent in the UK.

1. Please tell me the residential address or business address for XXX.

I I will need to see evidence of this. For example Council Tax bill or business rates bill.

2. Please tell me the name and address of your landlord/agent if you have one.
Signed

Any advice/suggestions greatly appreciated

Morlock

nadster wrote: »

Any advice/suggestions greatly appreciated

Contact MCC Revenue and Benefits Unit and give them your details seems like the easiest solution.

t0rt0ise

The letter you quote answers your question OP. Give them your address and all will be well.. unless of course you have something to hide.

BigAunty

Under the hierarchy of liability to pay council tax, a landlord would be responsible for paying CT during void periods when a tenant is not occupying the property. Is it possible you owe historic arrears and the council are on a fishing expedition to track you down? Was there a gap between tenants and if so, did you pay CT for this period?

I cannot see why they've suspended the tenant's HB just because you don't wish to be traceable. I expect there is an appeals or complaints procedure. Get him to speak with Shelter or the Citizens Advice Bureau in how to get his benefits reinstated.

BTW, I recall on landlord and consumer forums, health (and inconclusive) debates on whether or not a landlord can use a PO box number for the address that they supply to tenants, something to do with section 48 of the landlord and tenant act 1987, whether it's legitimate to receive and send notices from one, whether there is any liability for a tenant to pay rent if a physical residential address is not supplied. It's not really clear to me what the answer is.Certainly, if a landlord in England and Wales does not supply any address to a tenant, then many argue that the tenant has no obligation to pay rent.

http://www.landlordzone.co.uk/landlord's_address.htm

However, there's no real anonymity by those using a PO address unless they are a women's refuge or similar, as far as i know.

http://www.royalmail.com/delivery/inbound-mail/po-box/faqs

Are you based overseas?

nadster

Thanks for your detailed reply, in answering your questions there have been no historic arrears and there was no gap between tenants. This therfore rules out any chequered history.

The property was initially let out on a single 12 month ASTA to 3 tenants for the period 01/07/2009 – 30/06/2010. During the course of this tenancy one of the tenants made a claim for HB and although it did take some time to get processed it did so and HB eventually send me a cheque. At no point did CT or HB raise any concerns/queries about me or the contact details provided on the tenancy. The next tenancy was also a single 12 month ASTA for the period 01/07/2010 – 30/06/2011 having recently been renewed as of 01/07/2011 for a further 12 months and the tenant in question was an existing HB claimant who had moved down from the midlands and again at no point did CT or HB raise any concerns/queries about me or the contact details provided on the tenancy which have been the same for a no. of years now, that is until now, i.e. 1 year 4 months on!

It is not a case that I do not wish to be traceable more so my present lifestyle dictates as my work can take me up and down the country and abroad, whilst in the UK for convenience I stay with friends and in B+B/Hotels depending on where work takes me. I have not had the time to search for suitable rental accommodation or a home to buy because of the nature of my work and the fact my current arrangements suit me fine. For convenience and ease I therefore leased a PO Box for any/all correspondence to be serviced. I receive all my official (Bank, HMRC, Legal, etc.) and personal correspondence and to date have never had a problem from any of the mentioned organisations, I cannot therefore see why CT/HB have created such a fuss. As far as I am concerned I am genuine and legitimate.

I am not sue what the actual/underlying reason for suspending the tenant’s HB to get to me is as it is not myself claiming benefits, the list of questions in the initial thread require answering relate specifically to myself yet they have send this correspondence to the tenant, despite having my full contact details.

Your advice/guidance/support is greatly appreciated

BigAunty

Might be worth canvassing the House Buying/Rental Forum on MSE and/or the forum on Landlordzone to see if any other landlords have been hit with this. I've never come across this incident before, of the local authority cancelling a tenant's HB claim because they are seeking address information of the landlord for council tax purposes.

MissMoneypenny

I'm not sure if a PO box is enough either. From Shelter:-

All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide you with the landlord's full name and address. Your landlord should also tell you what fees are charged by agents.

Any requests should be made in writing, you should also keep a copy of the letter and send it by recorded delivery, if you want proof of postage. If you don't get a reply in writing within 21 days of them receiving your letter, the landlord is committing a criminal offence.
http://england.shelter.org.uk/get_advice/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities


If you are abroad for any length of time, then there is the tax exemption to consider under the 'non-resident landlord scheme', if you stop paying tax on your let property. If a tax exemption is required and proof not given to the tenant, then the tenant has to make deductions of your rental property taxes, from the rent they would normally pay you .

Why don't you phone and ask the council why they want this information? And then come back and tell us, so we know for when someone else asks about this.

EDIT: Just reread your opening post and see this is about council tax. Why would they suspend LHA payments because of council tax questions? If I was to guess why, it would be that they have no trace of you paying any council tax. You do pay council tax, don't you?

nadster

My situation is that I have at present no fixed address therefore I am not liabile for Council Tax. My work takes me around the UK and abroad and depending on where I am I stay with friends and/or B+B/hotel. This arrangement at this present time suits me fine. I am not exactly sure what the problem is, I thought having a PO Box address would be the best option for somone in my situation unless there is some law against having one when it comes to Council matters. I have had the same PO Box address for a fe years and never had problem to date.

If the PO BOX address is causing problems I am not sure of the alternatives for someone in my situation.

HappyMJ

nadster wrote: »

My situation is that I have at present no fixed address therefore I am not liabile for Council Tax. My work takes me around the UK and abroad and depending on where I am I stay with friends and/or B+B/hotel. This arrangement at this present time suits me fine. I am not exactly sure what the problem is, I thought having a PO Box address would be the best option for somone in my situation unless there is some law against having one when it comes to Council matters. I have had the same PO Box address for a fe years and never had problem to date.

If the PO BOX address is causing problems I am not sure of the alternatives for someone in my situation.

Could you take on one of your friends that you stay with on as an agent? Then they would have a residential address to use. Are you registered to vote anywhere? I'm with the other posters not sure why they have stopped tenants HB.

xylophone

Write to MCC enclosing a copy of the correspondence and explain your situation.

Wee_Willy_Harris

They have stopped HB/LHA because they suspect that the tenant and LL may be the same person, related, in a relationship or taking advantage of the benefits system in some other way. Perhaps a change in their procedures has flagged this claim (and any other similar ones) for further investigation. Either way, you will have to provide the info required, explain why you can't or get another tenant who isn't going to claim LHA.

This is public money and those who administer its distribution have a certain duty of care.