Council Demands Landlord’s Contact Details From Tenants – Threatens A Fine For Non Compliance

Council Demands Landlord’s Contact Details From Tenants – Threatens A Fine For Non Compliance

13:22 PM, 18th February 2014, About 8 years ago 24

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One of our long-time tenants in the London Borough of Hackney (who is up to date with their Council Tax) received the email below last week. It refers to “Regulation 3 of the Council Tax (Administration and Enforcement) Regulations 1992”, details of which can be found here: http://www.legislation.gov.uk/uksi/1992/613/regulation/3/made.

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From: “Council Tax”
Date: ** February ********
To: [Tenant Name & Email Address removed by Theodore]
Subject: [Property Address removed by Theodore]

Message
Dear [Tenant Name removed by Theodore]

Our ref: [Information removed by Theodore]

I am writing to ask you to supply the following information in respect of the above property.

Please provide the name(s) and contact details of your landlord.

I must advise you that in accordance with Regulation 3 of the Council Tax (Administration and Enforcement) Regulations 1992, you are legally obliged to supply the information requested as it is required to enable the authority to determine liability for Council Tax.

Please note that failure to supply the information within 21 days of the date of this email may result in the Authority imposing a financial penalty of £50.00 upon you.

Yours sincerely

[Council Employee’s Name removed by Theodore]

Council Tax Officer
Finance and Resources Directorate
Revenues and Benefits Service
Telephone: 020 8356 3***
Fax: 020 8356 3***

Email : Council.Tax@hackney.gov.uk
Website : www.hackney.gov.uk

Hackney Council may exercise its right to intercept any communication, the only exception to this would be confidential survey data, with any employee or agent of the Council using its telephony or data networks. By using these networks you give your consent to Hackney Council monitoring and recording your communication. If you have received this e-mail in error please delete it immediately and contact the sender. For further information about Hackney Council policies please contact Hackney Service Centre on: 020 8356 3000.

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My understanding is that the only time when an owner of a property is liable for the payment of Council Tax is when a property is: in multiple occupation; or all the people who live in the property are under the age of 18, or the property is accommodation for asylum seekers; or the people who are staying in the property are there temporarily and have their main homes somewhere else; or the property is a care home, hospital, hostel or women’s refuge.

Given that the property the tenants are living in is none of the above (and the Council knows this) can “Regulation 3 of the Council Tax (Administration and Enforcement) Regulations 1992” be used this way to gather landlord contact information?

Can a Council impose a financial penalty on the tenant or a managing agent if they refuse to supply the contact details of the landlord?

Personally I don’t believe that Regulation 3 can be used to give a Council the authority to demand a landlord’s contact details from a tenant or a managing agent, and that the Council’s threat of financial penalty for failing to do so within 21 days is little more than bullying.

Would appreciate everyone’s thoughts.

Theodorecouncil fine



Comments

All BankersAreBarstewards Smith

18:01 PM, 19th February 2014, About 8 years ago

Reply to the comment left by "Theodore Brown Property Management" at "19/02/2014 - 17:58":

I suspect that councils will use all gathered data (no matter how obtained) to use when landlord licensing comes in..... but in spite of that - we still have to pay CT

sharon underwood

9:00 AM, 21st February 2014, About 8 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "18/02/2014 - 14:35":

Its just another bully tactic by the council, they have the name on the bill to know who is responsible, this is if the tenant leaves without notice etc they will land you with the bill, They have just gone thru same in fact I am still going thru it & when I queried it I spoke to council tax manager who assured me that any court proceedings where put on hold until this issue had been dealt with, and I like a fool believed him so did NOT go to court & have been landed with a huge bill.
I have involved my MP & his is going to fight my case firstly thru the local Government Ombudsman which to be honest I had never heard of. The council have admitted to me that they do want to take over private landlord property where they can, & they are doing this with bullying & intimidation, threats of prosecution etc Good Luck but maybe a few threats back might wake them up

Neil Woodhead

12:39 PM, 22nd February 2014, About 8 years ago

Why don't they just look up Land Registry?

Jeremy Smith

13:22 PM, 22nd February 2014, About 8 years ago

Reply to the comment left by "Neil Woodhead" at "22/02/2014 - 12:39":

...Because they can't be the bully in the playground

...and they will have to pay for the information

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