Baffling Council Demands?

by Readers Question

8:37 AM, 4th February 2019
About 2 weeks ago

Baffling Council Demands?

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Baffling Council Demands?

I, the landlord, am responsible for paying council tax. The council however, has demanded that I must inform them of the names of all tenants and keep them updated if a new tenant moves in.

I was not aware of this legislation and cannot find any references to it. I have queried it with the council, but it says there are penalties that can be applied if the information is not supplied within 21 days. I should add I am not in dispute with the council on any outstanding matters.

This demand came after I queried an incorrect demand for tax payment although it was paid in full in April 2018. It has agreed my account is up to date and has withdrawn the bill.

Does anyone know whether a landlord must inform the council every time a tenant changes. It seems incredibly onerous, not least on the council itself.

What would it do with the information? I am baffled.

Paul



Comments

Neil Patterson

8:39 AM, 4th February 2019
About 2 weeks ago

Hi Paul,

I am assuming you are licensed and which council is it?

Old Mrs Landlord

9:00 AM, 4th February 2019
About 2 weeks ago

Might this not involve contravention of GDPR regs.?

paul kennelly

10:58 AM, 4th February 2019
About 2 weeks ago

Yes Neil I am licensed. It is Ealing Council.
Yes there may be a data protection issue, but the officer is adamant it is within the council's remit to get this info.

Rob Crawford

11:36 AM, 4th February 2019
About 2 weeks ago

There is no reason why the Council should not ask for tenant details, however, they should explain in detail why the want it and how they intend to use it. To simply say you will be prosecuted for not supplying tenant details is arrogant and unacceptable.

DC

14:02 PM, 4th February 2019
About 2 weeks ago

I recently made a point concerning GDPR to the local County Council which is responsible for some of my properties. They actually misunderstood my point and responded with the below reply, which may answer your question Paul, although I must admit I haven't verified their comment with GDPR but it does make sense.

"Under the listed GDPR and article 34(1) and (4) of the GDPR (communication of personal date breach to the data subject), paragraph 2, schedule 2, do not apply to personal data processed for any of the following purposes:
Crime and taxation: general
(a)the prevention or detection of crime,
(b)the apprehension or prosecution of offenders, or
(c)the assessment or collection of a tax or duty or an imposition of a similar nature
Therefore we are, as a billing authority, able to request information from you regarding your tenants."

Seething Landlord

17:16 PM, 4th February 2019
About 2 weeks ago

Reply to the comment left by DC at 04/02/2019 - 14:02
I do not think (c) would apply where the landlord is responsible for paying the tax.

Paul Shears

20:35 PM, 4th February 2019
About 2 weeks ago

Reply to the comment left by Seething Landlord at 04/02/2019 - 17:16
The councils reply is utterly absurd. What they are arguing is that they have the right tio kep records on anyone within their boundary, just in case they break the law or non council authorities think they might have. Outrageous and, I am sure, technically incorrect. This is the complete opposite interpretation of the whole GPDR fiasco correcting philosophy.

Mark Alexander

7:55 AM, 6th February 2019
About 2 weeks ago

Ask the Council to quote the legislation they are referring to.

Tell them that as a responsible landlord you must be able to satisfy yourself that you are fully compliant, but in the absence of any legislation compelling you to release such information you feel you could be in breach of GDPR by doing so and that your position on this matter isn't simply a case of considering efficiencies for your own business and the Council in regards to record keeping and the management of the associated administration.

paul kennelly

12:29 PM, 9th February 2019
About A week ago

Thanks all for your useful responses. Paul


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