Is there a legal requirement to inform the council when moving into a property, for the purposes of council tax?
Dear Thanet District Council,
I would like information about what law(s) Thanet District Council rely on which stipulates that:
1. A person moving out of a property within Thanet District Council's area is obligated to inform Thanet District Council who is moving in, for council tax purposes.
2. A person moving into a property within Thanet District Council's area is obligated to inform Thanet District Council, for the purposes of council tax.
To be clear, I am not asking whether a person can provide this information, or whether there are any GDPR issues. I am asking about whether an obligation exists in law to provide this information.
I direct you to this Court of Appeal case where the judge affirmed that no legal duty exists that requires a resident to notify a council of their residence at a particular address for council tax purposes:
http://www.bailii.org/ew/cases/EWCA/Crim...
Yours faithfully,
Mary Paul
Dear Thanet District Council,
On 7th November I made the following FOI request to you and have not received a reply.
You are now in breach of the FOI legislation so I ask you to urgently supply the information I requested:
Dear Thanet District Council,
I would like information about what law(s) Thanet District Council rely on which stipulates that:
1. A person moving out of a property within Thanet District Council's area is obligated to inform Thanet District Council who is moving in, for council tax purposes.
2. A person moving into a property within Thanet District Council's area is obligated to inform Thanet District Council, for the purposes of council tax.
To be clear, I am not asking whether a person can provide this information, or whether there are any GDPR issues. I am asking about whether an obligation exists in law to provide this information.
I direct you to this Court of Appeal case where the judge affirmed that no legal duty exists that requires a resident to notify a council of their residence at a particular address for council tax purposes:
http://www.bailii.org/ew/cases/EWCA/Crim...
Yours faithfully,
Mary Paul
Yours faithfully,
Mary Paul
Receipt for FOI 6211
Dear Mary Paul,
Thank you for your Freedom of Information Request dated 07/11/2022.
We apologise for our oversight in not registering this request.
I can confirm that we have received your request and are now processing
it. Our reference number for your request is FOI 6211.
We will look to make a full disclosure of the information requested by
31/01/2023.
We will let you know if there are any issues processing your request and
if there will be any delays regarding collating the information you have
requested.
Further information on how we process personal data in Information
Governance can be found on the Council's privacy statement
page: [1]https://www.thanet.gov.uk/privacy-statem...
Kind regards,
Information Governance Officer
Thanet District Council
Margate
CT9 1XZ
01843 577247
Dear Mary Paul,
Thank you for your Freedom of Information Request dated 07/11/2022.
The response to your request is set out below.
Our response:
We confirm that we do not hold the information that you have requested.
I would like information about what law(s) Thanet District Council rely on
which stipulates that:
1. A person moving out of a property within Thanet District Council's area
is obligated to inform Thanet District Council who is moving in, for
council tax purposes.
2. A person moving into a property within Thanet District Council's area
is obligated to inform Thanet District Council, for the purposes of
council tax.
Response: We do not hold recorded information on this.
We are aware that in R v D [2019] EWCA Crim 209, the Court of Appeal held
that residents liable to pay council tax were not under a legal duty to
notify the local authority of their continuing residence in the property
in question.
Nonetheless, the obligation to pay the council tax that is due is not
removed.
If you are unhappy with the way your enquiry has been dealt with, you may
ask for an internal review by submitting a request within one month of the
date of this response.
Further information on the internal review process is can be found
here: [1]https://ico.org.uk/your-data-matters/off...
Your request should be addressed to the Information Governance Manager,
Thanet District Council, PO Box 9, Cecil Street, Margate, CT9 1XZ or by
emailing [2][email address].
If you are still dissatisfied after an internal review, you may appeal to
the Information Commissioner, Wycliffe House, Water Lane, Wilmslow SK9
5AF.
Further information on how we process personal data in Information
Governance can be found on the Council's privacy statement page:
[3]https://www.thanet.gov.uk/privacy-statem...
Kind regards,
Information Governance Officer
Information Governance | Legal
Services
[4][email address] | (01843) [6][IMG]
577247
[5]Cecil St, Margate CT9 1XZ
[8]link to Thanet district councils
facebook account [9]link to Thanet
district councils twitter
[7]Thanet District Council account [10]link to Thanet district
councils instagram account [11]link
to Thanet district councils
linkedin account [12]Link to Thanet
District council youtube
[13]https://www.thanet.gov.uk/newsroom/
[14]No Excuse for Abuse campaign
References
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