Council Tax - Moving House

jmwardster

just called my Local Auhority as i will be moving at the end of the week and thought they would like to know my new address. Thought i was being friendly and helpful.

Before they let me supply my new address they wanted me to provide the names of the people moving into my old address. i refused stating this was not in my remit to provide - turns out unless i provide this they will not process a change!!

This can't be correct? Since when did it become my responsibility to provide information on a 3rd party without their consent?

Surely i am not legally obliged to provide this? When was this law enacted?

The person on the line even suggested that i would be liable for council tax for both my old and new house unless i complied!!

Any thoughts?

agrinnall

Yours is not the first thread to raise this issue. I was asked for the new owner's name when I moved recently and I had no reason not to give it so I did, but there are plenty of circumstances where it would not be possible or desirable to do so. I personally think they are on shaky legal ground to absolutely require it, but councils seem to be a law unto themselves in this regard. Have a look on the Cutting Tax board for other threads discussing this.

jmwardster

thanks will look there. Did do a quick search but couldn't find anything hence my new post - but will look harder!!

mazza111

Just called council tax dept to do this and wasn't asked that question. If you leave a tenancy, surely you wouldn't know the name of the person moving in. Even if it was someone buying a property, they may or may not be living in it?

firebird082

I had to notify the council of this on leaving a rented property in the near future, and they required some form of new contact for the house - I just gave them my landlord's details, since he'll become liable. Wouldn't expect to do it if I was selling though!

lincroft1710

Although there has been much debate about this subject on these boards, the opinion is that you should give the council this information.

00ec25

mazza111 wrote: »

Just called council tax dept to do this and wasn't asked that question. If you leave a tenancy, surely you wouldn't know the name of the person moving in. Liability reverts to the LL - you know who your LL is !Even if it was someone buying a property, they may or may not be living in it? if no one lives there liability reverts to the freeholder - google "hierarchy of liability" as that is the legislative basis

as above

jjlandlord

They can send you a formal written notice requesting the information to which you would be legally obliged to reply.

But it has no impact on your liability for council tax: You won't be liable after completion whether they like it or not.

It seems that more and more councils are using such tactics, which frankly are plain bullying.

if no one lives there liability reverts to the freeholder

Or first tenant who has a tenancy/lease of a term of 6 months or more. This can still be the AST tenant, or, if not, surely the leasehold tenant if there is one before it reaches the freeholder.

jmwardster

thanks for the replies - can't find any other details discussions on this. Just find it incredible that they refused to proceed unless i supplied data on a 3rd party without their knowledge or consent. I have sold my house so i do know the names of the new owners - just don't want to provide this to the council for lots of reasons but mainly as i don't think its my legal responsibility to do so!

jmwardster

OOec25 - great response, as i have sold i will no longer be the freeholder, it wasn't really that issue that annoyed me as i knew i wouldn't really be liable.

vuvuzela

lincroft1710 wrote: »

Although there has been much debate about this subject on these boards, the opinion is that you should give the council this information.

...and what if you GENUINELY don't know the names of the next renters ? What if the estate agent refuses to tell you ? Seems a pretty miserable situation to find yourself in.