Forwarding address required!?

Yami_Prem

Hi

I want to know if this is reasonable. The council (in Scotland btw) are saying that they have the right to request whatever information they want. Upon looking at the Act, it seems that is correct.

Their email to me:

To allow the local authority to administer Council Tax and provide an equitable service to all Council Tax payers, a forwarding address will be requested where one has not been provided for an outgoing tenant.
 
If it is not provided at the time of the tenancy ending, it will be requested under the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992, along with any other information deemed necessary to fully update the records - this requires the landlord to provide the requested information within 21 days.

I tried to explain to them that without anything to back me up, as the Landlord, I can't force the outgoing tenants to provide me their forwarding address. I can make up stuff like I need it for their deposit to be returned etc. but that doesn't sound so ethical. 

I feel like it's unreasonable that the council can enforce whatever they need from the landlord but we can't enforce it or guarantee the tenants will even provide an address. And if we don't provide to the council, we are liable for payment of the tax bill.

Is this all normal and how do other landlords deal with it?

user1977

They can request the information, if the landlord doesn't have the information then they can reply saying so. That after all is an acceptable get-out when councils are asked under Freedom of Information laws...

Also fairly pointless when there's no guarantee how long anybody is going to stay at their next address.

Sarah1Mitty2

Yami_Prem said:

Hi

I want to know if this is reasonable. The council (in Scotland btw) are saying that they have the right to request whatever information they want. Upon looking at the Act, it seems that is correct.

Their email to me:

To allow the local authority to administer Council Tax and provide an equitable service to all Council Tax payers, a forwarding address will be requested where one has not been provided for an outgoing tenant.
 
If it is not provided at the time of the tenancy ending, it will be requested under the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992, along with any other information deemed necessary to fully update the records - this requires the landlord to provide the requested information within 21 days.

I tried to explain to them that without anything to back me up, as the Landlord, I can't force the outgoing tenants to provide me their forwarding address. I can make up stuff like I need it for their deposit to be returned etc. but that doesn't sound so ethical. 

I feel like it's unreasonable that the council can enforce whatever they need from the landlord but we can't enforce it or guarantee the tenants will even provide an address. And if we don't provide to the council, we are liable for payment of the tax bill.

Is this all normal and how do other landlords deal with it?

Council can`t enforce anything if you don`t have an address for the tenant, but you are supposed to put deposits in the "deposit protection scheme" for which a forwarding address is required to release funds?

Sarah1Mitty2

Having checked that it looks like the tenant gets 30 days to reply to the deposit return communication and if they don`t reply the landlord gets any deductions they have requested and the rest of the deposit stays in the scheme, so there is no obligation for the tenant to provide forwarding details or respond to communication so unlikely that much can be done to a landlord not having forwarding addresses? Not protecting the deposit on the other hand leaves you open to tenants claiming back up to three times the amount?

[Deleted User]

Hi,

has your tenant done a runner, what about gas/electricity, other debts run up?

Yami_Prem

Sarah1Mitty2 said:

Yami_Prem said:

Hi

I want to know if this is reasonable. The council (in Scotland btw) are saying that they have the right to request whatever information they want. Upon looking at the Act, it seems that is correct.

Their email to me:

To allow the local authority to administer Council Tax and provide an equitable service to all Council Tax payers, a forwarding address will be requested where one has not been provided for an outgoing tenant.
 
If it is not provided at the time of the tenancy ending, it will be requested under the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992, along with any other information deemed necessary to fully update the records - this requires the landlord to provide the requested information within 21 days.

I tried to explain to them that without anything to back me up, as the Landlord, I can't force the outgoing tenants to provide me their forwarding address. I can make up stuff like I need it for their deposit to be returned etc. but that doesn't sound so ethical. 

I feel like it's unreasonable that the council can enforce whatever they need from the landlord but we can't enforce it or guarantee the tenants will even provide an address. And if we don't provide to the council, we are liable for payment of the tax bill.

Is this all normal and how do other landlords deal with it?

Council can`t enforce anything if you don`t have an address for the tenant, but you are supposed to put deposits in the "deposit protection scheme" for which a forwarding address is required to release funds?

We do use the schemes and I've never needed to provide forwarding addresses after the tenants leave..

Yami_Prem

Sarah1Mitty2 said:

Yami_Prem said:

Hi

I want to know if this is reasonable. The council (in Scotland btw) are saying that they have the right to request whatever information they want. Upon looking at the Act, it seems that is correct.

Their email to me:

To allow the local authority to administer Council Tax and provide an equitable service to all Council Tax payers, a forwarding address will be requested where one has not been provided for an outgoing tenant.
 
If it is not provided at the time of the tenancy ending, it will be requested under the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992, along with any other information deemed necessary to fully update the records - this requires the landlord to provide the requested information within 21 days.

I tried to explain to them that without anything to back me up, as the Landlord, I can't force the outgoing tenants to provide me their forwarding address. I can make up stuff like I need it for their deposit to be returned etc. but that doesn't sound so ethical. 

I feel like it's unreasonable that the council can enforce whatever they need from the landlord but we can't enforce it or guarantee the tenants will even provide an address. And if we don't provide to the council, we are liable for payment of the tax bill.

Is this all normal and how do other landlords deal with it?

Council can`t enforce anything if you don`t have an address for the tenant, but you are supposed to put deposits in the "deposit protection scheme" for which a forwarding address is required to release funds?

They said this in an earlier email:

"Providing details of changes to a tenancy in a timeous manner allows the Local Authority to issue a final bill to the tenant and ensures the greatest likelihood of collecting any unpaid Council Tax. A Local Authority can request information it deems necessary to update the Council Tax records. The information must be provided within 21 days and failure to supply requested information can result in the landlord being made liable for the disputed period. This is outlined in the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992."

Basically saying liability can transfer over to the landlord. How the hell is that fair!?

Yami_Prem

frugalmacdugal said:

Hi,

has your tenant done a runner, what about gas/electricity, other debts run up?

No. It all came about an error on their end. But now it has boiled down to the current email exchange of what happens if landlord does not have a forwarding address.

glennevis

Quote "The information must be provided within 21 days..."

In your case that information is going to be:
"The tenant refused to supply forwarding address."

user1977

Yami_Prem said:

Sarah1Mitty2 said:

Yami_Prem said:

Hi

I want to know if this is reasonable. The council (in Scotland btw) are saying that they have the right to request whatever information they want. Upon looking at the Act, it seems that is correct.

Their email to me:

To allow the local authority to administer Council Tax and provide an equitable service to all Council Tax payers, a forwarding address will be requested where one has not been provided for an outgoing tenant.
 
If it is not provided at the time of the tenancy ending, it will be requested under the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992, along with any other information deemed necessary to fully update the records - this requires the landlord to provide the requested information within 21 days.

I tried to explain to them that without anything to back me up, as the Landlord, I can't force the outgoing tenants to provide me their forwarding address. I can make up stuff like I need it for their deposit to be returned etc. but that doesn't sound so ethical. 

I feel like it's unreasonable that the council can enforce whatever they need from the landlord but we can't enforce it or guarantee the tenants will even provide an address. And if we don't provide to the council, we are liable for payment of the tax bill.

Is this all normal and how do other landlords deal with it?

Council can`t enforce anything if you don`t have an address for the tenant, but you are supposed to put deposits in the "deposit protection scheme" for which a forwarding address is required to release funds?

They said this in an earlier email:

"Providing details of changes to a tenancy in a timeous manner allows the Local Authority to issue a final bill to the tenant and ensures the greatest likelihood of collecting any unpaid Council Tax. A Local Authority can request information it deems necessary to update the Council Tax records. The information must be provided within 21 days and failure to supply requested information can result in the landlord being made liable for the disputed period. This is outlined in the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992."

Basically saying liability can transfer over to the landlord. How the hell is that fair!?

That's not what the regulations say though:

"Any person appearing to a levying authority to be a resident, owner or managing agent of a particular dwelling shall supply to the authority in accordance with paragraph (2) such information as fulfils the following conditions:—

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

i.e. you need to provide the information if you have it. I can't see anything which deems the landlord liable just because they don't have a forwarding address for a tenant.

theartfullodger

Why are you unwilling to provide?  Unpaid council tax?

I'm unable to recall from 22years of owning Scottish property when i've not provided such info.  Big mistake on my part?

Best wishes to all.