Land registry fraud?

badmemory

I may well have misremembered (see my username) but wasn't this a different council so a local councillor couldn't help

bedruzenka

badmemory said:

I may well have misremembered (see my username) but wasn't this a different council so a local councillor couldn't help

Correct. Let’s just say I live in council A, the commercial property is in council B and the company’s  address on companies house is in council C.

silvercar

I think all you can do is notify in writing the council concerned, so they have it on their record. If any bailiffs turn up you may want to have some proof that you are not connected to the company eg a print out of your title deeds and a print out of the company concerned from company house to show that the directors of that company and its address aren’t you or your address. 

mybestattempt

@Jude57, has (on page 4), already given sound and thorough advice on how to make sure the council which has issued the S215 notice understands that the company has no connection at all with the OP's property.

eddddy

This really seems to be getting blown up out of all proportion. It sounds like this has happened...

• The council has sent a standard template letter to a company - but they've sent it to the 'wrong' address.

• The letter is telling that company to tidy up a piece of land that they own.

• The letter will be telling the company that if they don't tidy up that land, the council will put a charge on the untidy piece of land. (But maybe the letter is poorly worded.)

There are some examples of standard template letters for councils to use included in this document:
https://assets.publishing.service.gov.uk/media/5a7973c5ed915d07d35b59cc/319798.pdf

Maybe the letter the OP received is similar to the one in Appendix D on page 28, which includes this section:

Your failure to comply with this Notice will leave me with several courses of action. Either or all of these actions may be pursued as follows:

1. A prosecution in the Magistrates Court for non-compliance with the s215 Notice – which could result in a substantial fine if found guilty of an offence.

2. The Council carrying out the works required by the Notice followed by action in the County Court to recover, from you, all expenses and costs reasonably incurred by such action.

3. Registration with HM Land Registry of a charge on your property, recoverable should your property be sold.

But in point 3 - "your property" means the untidy land (not the OP's house).


If the OP wants, the OP can probably safely ignore the letter - because the OP is unconnected with the company, unconnected with the untidy piece of land, and wouldn't care if the council put a charge on that untidy piece of land.

bedruzenka

eddddy said:

This really seems to be getting blown up out of all proportion. It sounds like this has happened...

• The council has sent a standard template letter to a company - but they've sent it to the 'wrong' address.

• The letter is telling that company to tidy up a piece of land that they own.

• The letter will be telling the company that if they don't tidy up that land, the council will put a charge on the untidy piece of land. (But maybe the letter is poorly worded.)

There are some examples of standard template letters for councils to use included in this document:
https://assets.publishing.service.gov.uk/media/5a7973c5ed915d07d35b59cc/319798.pdf

Maybe the letter the OP received is similar to the one in Appendix D on page 28, which includes this section:

Your failure to comply with this Notice will leave me with several courses of action. Either or all of these actions may be pursued as follows:

1. A prosecution in the Magistrates Court for non-compliance with the s215 Notice – which could result in a substantial fine if found guilty of an offence.

2. The Council carrying out the works required by the Notice followed by action in the County Court to recover, from you, all expenses and costs reasonably incurred by such action.

3. Registration with HM Land Registry of a charge on your property, recoverable should your property be sold.

But in point 3 - "your property" means the untidy land (not the OP's house).


If the OP wants, the OP can probably safely ignore the letter - because the OP is unconnected with the company, unconnected with the untidy piece of land, and wouldn't care if the council put a charge on that untidy piece of land.

Just to clarify the letter is not asking just to tidy the land. They are also asking for money for non compliance. I assume the company was already warned and this is the next stage.

eddddy

bedruzenka said:

Just to clarify the letter is not asking just to tidy the land. They are also asking for money for non compliance. I assume the company was already warned and this is the next stage.

FWIW, a section 215 notice is an instruction to tidy up the land:

Section 215 (s215) of the Town & Country Planning Act 1990 (the Act) provides a local planning authority (LPA) with the power, in certain circumstances, to take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area.

Link: https://assets.publishing.service.gov.uk/media/5a7973c5ed915d07d35b59cc/319798.pdf

You haven't described the content of the letter, so I guess it's either ...

-  an early stage reminder letter telling the company that they haven't complied with the s215 notice as they haven't yet tidied the land, and if they don't, the council will tidy it up and charge the company; and if the company doesn't pay the council, the council will put a charge on the land

or 

- a later stage letter saying that the council has tidied up the land, and the company must now pay the council; and if the company doesn't pay the council, the council will put a charge on the land

bedruzenka

eddddy said:

bedruzenka said:

Just to clarify the letter is not asking just to tidy the land. They are also asking for money for non compliance. I assume the company was already warned and this is the next stage.

FWIW, a section 215 notice is an instruction to tidy up the land:

Section 215 (s215) of the Town & Country Planning Act 1990 (the Act) provides a local planning authority (LPA) with the power, in certain circumstances, to take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area.

Link: https://assets.publishing.service.gov.uk/media/5a7973c5ed915d07d35b59cc/319798.pdf

You haven't described the content of the letter, so I guess it's either ...

-  an early stage reminder letter telling the company that they haven't complied with the s215 notice as they haven't yet tidied the land, and if they don't, the council will tidy it up and charge the company; and if the company doesn't pay the council, the council will put a charge on the land

or 

- a later stage letter saying that the council has tidied up the land, and the company must now pay the council; and if the company doesn't pay the council, the council will put a charge on the land

I’m not familiar with any of this but it’s a 6 page letter asking the company to pay a fine for non compliance with section 215 and tidy the land within 2 months.
I said on page 3 the letter was for non compliance with s215, not issuing s215.
If the above is not done they’re threatening further action.
Anyway I think you’re right and I’ll just ignore the letter.