LAs committed a summary offence, who do I report it to?

NeverAgain_2

...Such as what?...

Speeding on motorways.

And there are many other offences for which the conviction rate is tiny: drunken yobbery at the weekends (affray or any number of Public Order Act offences), intellectual property piracy and copyright offences - dodgy DVDs, song downloads etc, obscenity laws - many internet !!!!!! sites breach those, prostitution is still illegal but goes on openly online and in red-light areas of towns and cities, fly-tipping, vandalism, graffiti and most criminal damage, minor thefts of property, and probably lots of others.

princeofpounds

I'm not sure that if you took it privately you would need to prove a loss as some have suggested. That would only be if you were seeking damages, rather than for the court to award a penalty.

sonastin

You could consider reporting it to trading standards as well. While they might not act specifically on that particular breach, if this is an LA that they are looking at for other reasons, it can go into the file. When they are ready to throw the book at the LA, you can take satisfaction in the knowledge that the book is one page heavier.

propertyman

princeofpounds wrote: »

I'm not sure that if you took it privately you would need to prove a loss as some have suggested. That would only be if you were seeking damages, rather than for the court to award a penalty.

Sadly when you wade through the directions, you do, or it gets "managed" out of the system. It's not in strict terms but for example there was a disrepair issue or substantial dispute that the failure to provide the address contributed to.

propertyman

NeverAgain wrote: »

Speeding on motorways.

And there are many other offences for which the conviction rate is tiny: drunken yobbery at the weekends (affray or any number of Public Order Act offences), intellectual property piracy and copyright offences - dodgy DVDs, song downloads etc, obscenity laws - many internet !!!!!! sites breach those, prostitution is still illegal but goes on openly online and in red-light areas of towns and cities, fly-tipping, vandalism, graffiti and most criminal damage, minor thefts of property, and probably lots of others.

Which most, especially the first, are the job of the Police. But we have allowed councils to get funding and creep into these roles.

Given the choice, I prefer they stopped synergistic re alliance paradigms namby pamby and "free" newspapers" & nicked a few letting and managing agents;

The world of the council tax paying agents, landlord and tenant, would be a better place.

domcastro

Maybe they think you have malicious intentions? As in, why do you want his address? It sounds like you asked after you moved out so he is not your landlord anymore. Maybe Data Protection Act is involved (if you're not his tenant, they won't be able to give you the address)

edit- sorry misread your post - you asked whilst in property

Yorkie1

princeofpounds wrote: »

I'm not sure that if you took it privately you would need to prove a loss as some have suggested. That would only be if you were seeking damages, rather than for the court to award a penalty.

Not correct - you are confusing civil and criminal law.

Section 1 of the LTA 1985 states that any person [agent or rent collector to paraphrase] who, without reasonable excuse, fails to comply with a written request [for the LL's name and address] shall be guilty of a summary offence (this means triable only in the magistrates' court) and liable to a level 4 fine (from memory £3K?).

The complication might come from section 34, which states that the local authority may prosecute. I am not sure whether "may" is simply permissive - or whether it excludes anyone other than the authority from commencing proceedings. You would need to research that point further.

Note that any proceedings must be started (an information laid at court) within 6 months or the case will be statute-barred in any event. If there were repeated refusals, it may be that some of those are already statute-barred, if one argues that each separate request / refusal is a separate offence.

princeofpounds

Maybe I didn't explain myself well, I don't think I was disagreeing with you here

Yorkie1 wrote: »

Not correct - you are confusing civil and criminal law.

Section 1 of the LTA 1985 states that any person [agent or rent collector to paraphrase] who, without reasonable excuse, fails to comply with a written request [for the LL's name and address] shall be guilty of a summary offence (this means triable only in the magistrates' court) and liable to a level 4 fine (from memory £3K?).

The complication might come from section 34, which states that the local authority may prosecute. I am not sure whether "may" is simply permissive - or whether it excludes anyone other than the authority from commencing proceedings. You would need to research that point further.

Note that any proceedings must be started (an information laid at court) within 6 months or the case will be statute-barred in any event. If there were repeated refusals, it may be that some of those are already statute-barred, if one argues that each separate request / refusal is a separate offence.

armour

Isn't it a requirement of an AST that the LLs name and address is included? Did you have an AST?

propertyman

armour wrote: »

Isn't it a requirement of an AST that the LLs name and address is included? Did you have an AST?

Yes and no; the landlord is simply required to supply an address for notices including proceeding to be served.

It is most often the agent's...!

I have heard http://www.findermonkey.co.uk/ gets results for £49.99.