re. Proof of single person status after departure of lodger

[Katejo]

I have had several lodgers over the past few years and previously I just notified the council to inform them when I was on my own in the property. My current lodger has been with me for 3 years but is about to leave. I will have a gap of at least a few weeks before I look for a new one so I contacted the Council to claim my discount.
My council (Waltham Forest) is clamping down on fraudulent claims. I am happy to sign a confirmation of my status but they have refused to give me the discount unless I provide my lodger's forwarding address. I have informed them that he is moving to Devon to join a partner but this is insufficient 'proof' that he has left my house. I have several objections to this and have already lodged a complaint to ask for the legal justification of this. My main complaints are as follows:

1. The provision of an address is no proof that I am on my own. I could have found another lodger
2. Privacy/data protection: If I did supply the address, I suspect that the council would check it with the new council in Devon. Surely my lodger (and his partner) are entitled to privacy? It is his responsibility to register to pay.
3. The form insists that I sign to confirm accuracy of the address. How can I do that? It threatens prosecution if I give incorrect information.
4. The assumption that I am lying/refusal to accept my word for it. Newcomers to the borough are not asked for such proof as far as I can see
5. What happens if a lodger does a runner and leaves no address? The landlord then has to pay the full rate indefinitely?

I have always paid my council tax on time and have always informed them if a new person moves in. This complete lack of trust horrifies me.

[des8]

Re: re. Proof of single person status after departure of lodger

Hi and welcome.
This question of Councils requesting more information than would seem reasonable has been raised on this forum previously.
I don't think any particular advice was given.

If I was in your position, and felt strongly enough about it, I might ask the council under which regulation they were asking for this info as the Council Tax (Administration and Enforcement) regulations 1992 only states that "a billing authority shall take reasonable steps to ascertain whether that amount is subject to any discount under section 11 of the Act ".

I would be asking why they considered it was reasonable to supply a third parties address to them, when that third party may or may not have supplied you with said address, and certainly hadn't given you express permission to pass that information to others.

Reinforce it with a sworn affidavit that you are a single resident.

On the other hand, for an easy life, give them the address if you have it.

Others will probably be along soon with other thoughts on the matter


Sorry ...didn't mean to shout

[enquirer]

Re: re. Proof of single person status after departure of lodger

1. The provision of an address is no proof that I am on my own. I could have found another lodger.

True.

2. Privacy/data protection: If I did supply the address, I suspect that the council would check it with the new council in Devon. Surely my lodger (and his partner) are entitled to privacy? It is his responsibility to register to pay.

Yes.

3. The form insists that I sign to confirm accuracy of the address. How can I do that? It threatens prosecution if I give incorrect information.

This is really vicious. Signing this is out of the question.

4. The assumption that I am lying/refusal to accept my word for it. Newcomers to the borough are not asked for such proof as far as I can see

In some boroughs, they do. A presumption of guilt is becoming the norm. It also happens - by a mysterious coincidence - to be the favoured approach in the EU.

5. What happens if a lodger does a runner and leaves no address? The landlord then has to pay the full rate indefinitely?

No, although no doubt some vile little jobsworth is working on it.

I have always paid my council tax on time and have always informed them if a new person moves in. This complete lack of trust horrifies me.

They assume that you are as they are. This is the class of people that you are dealing with, so conduct yourself accordingly.

In short, inform them of the change in circumstances and make your claim. If they start playing the fool, make a formal complaint, if necessary, going all the way up to the Ombudsman. Don't forget to copy your MP in on the correspondence.

[Katejo]

Re: re. Proof of single person status after departure of lodger

Hi and welcome.
This question of Councils requesting more information than would seem reasonable has been raised on this forum previously.
I don't think any particular advice was given.

If I was in your position, and felt strongly enough about it, I might ask the council under which regulation they were asking for this info as the Council Tax (Administration and Enforcement) regulations 1992 only states that "a billing authority shall take reasonable steps to ascertain whether that amount is subject to any discount under section 11 of the Act ".

I would be asking why they considered it was reasonable to supply a third parties address to them, when that third party may or may not have supplied you with said address, and certainly hadn't given you express permission to pass that information to others.

Reinforce it with a sworn affidavit that you are a single resident.

On the other hand, for an easy life, give them the address if you have it.

Others will probably be along soon with other thoughts on the matter


Sorry ...didn't mean to shout

Yes I have already done pretty much as you suggest. I do feel though that it would be wrong to supply the 3rd party address without his agreement . I get on well with Peter and he has been here 3 years. I don't want it to end on bad terms. He has said that he may say yes to it . The council regards the supply of his address as proof which is nonsense.

[Katejo]

Re: re. Proof of single person status after departure of lodger

I have just received the following from the council. I have also emailed my MP to give a brief summary and ask whether she is aware of this requirement by the council. Someone on another forum said that the MP couldn't do anything about this but no harm in asking.

Thank you for your complaint received on 13^th November regarding the Council Tax liability at my address

I can advise that it is the intention of the Council, where possible, to allow a complaint to be dealt with under the Council’s Complaint Procedure. An exception to this occurs when a complainant has a right to a statutory tribunal or appeal mechanism. The issues that you have raised in your letter fall under the remit of the Council Tax Appeal Procedure, and accordingly fall outside the jurisdiction of the Complaint Procedure.

I have therefore passed your letter to Mrs Gibbs, Interim Head of Revenues, who has accepted your letter as a formal request for an appeal. If any further information is required then or one of her Team Leaders will contact you and request this. Under Council Tax regulations the Council has two months in which to consider your appeal but your appeal will be dealt with as a priority. You can make a further appeal direct to the tribunal if the Council fails to make a decision within two months.

When your appeal has been processed the Revenues Service will write to you and inform you of the outcome of the appeal and inform you of any further rights you may have to appeal to a Valuation Tribunal.