City heads to Supreme Court over council tax position where tenant moves out – Local Government Lawyer

Posted January 6th, 2017 in appeals, council tax, landlord & tenant, local government, news, Supreme Court by tracey

‘Leeds City Council is to seek permission from the Supreme Court to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’

Full story

Local Government Lawyer, 5th January 2017

source: www.localgovernmentlawyer.co.uk

Rather too certain to be uncertain – Nearly Legal

Posted December 9th, 2016 in appeals, contracts, council tax, landlord & tenant, news, tribunals, valuation by sally

‘This was Leeds’ second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the Residential Landlords Association, with Justin Bates (or as it turns out, Bate) as counsel.’

Full story

Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

Council tax, periodic tenancies, and the end of L&T law avoided – Nearly Legal

Posted August 2nd, 2016 in council tax, landlord & tenant, local government, news, tribunals, valuation by tracey

‘We’ve seen the issue of who is liable for Council Tax when a tenant has left a property before the end of a periodic tenancy arise before. Here, the Upper Tribunal decided that a statutory periodic monthly tenancy following a 6 month fixed term did not amount to a ‘material interest’ of over six months such that the tenant would remain liable for Council Tax, while here in the Shropshire decision (and amusingly featuring NL) the Valuation Tribunal decided that a contractual periodic tenancy following on from a fixed term of 6 months did amount to a material interest such that the tenant remained liable.’

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Nearly legal, 1st August 2016

Source: www.nearlylegal.co.uk

Refusnik rev: the vicar ​whose council tax protest could put him in jail – The Guardian

‘Retired clergyman Paul Nicolson, who is refusing to pay council tax in solidarity with those hit by benefit cuts, explains why he’s happy to take the consequences.’

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The Guardian, 8th June 2016

Source: www.guardian.co.uk

Direct access barrister ‘no substitute’ for solicitor – judge – Law Society’s Gazette

‘Direct access barristers are no substitute for experienced solicitors, a judge has told a court, ruling that a woman was not advised on the proper process for appealing her council tax liability. ‘

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Law Society’s Gazette, 24th April 2016

Source: www.lawgazette.co.uk

Judge concerned at council tax enforcement and Valuation Tribunal appeals uncertainty – Local Government Lawyer

Posted April 20th, 2016 in bankruptcy, council tax, enforcement, news, tribunals, valuation by sally

‘A High Court judge has expressed concern at “the substantial degree of uncertainty that exists” in relation to how the courts, both magistrates and the bankruptcy county court, should deal with the enforcement of domestic council tax liability orders in the context of the availability of the remedy by way of appeal to the Valuation Tribunal.’

Full story

Local Government Lawyer, 19th April 2016

Source: www.localgovernmentlawyer.co.uk

Misc on taxes – council and bedroom – Nearly Legal

Posted April 20th, 2016 in benefits, council tax, housing, news by sally

‘Council tax – how do you go about setting aside and/or appealing a council tax liability order? It turns out to be far from straightforward (you might already have known this. I didn’t!). In Okon v London Borough Of Lewisham [2016] EWHC 864 (Ch) – quite astonishingly, an appeal against a making of a bankruptcy order – Mr. Robin Hollington QC addressed the issue. The bankruptcy petition was founded on a number of council tax liability orders and the efforts of Ms Okon to set aside those orders were at issue.’

Full story

Nearly Legal, 19th April 2016

Source: www.nearlylegal.co.uk

Ten new laws that come into force in April 2016 – and how they affect you – The Independent

‘April 2016 is a month of big changes for people living and working in the UK. A number of new laws and policies are coming into force, affecting just about everyone from public sector workers to dog owners. Here’s what the new laws could mean for you.’

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The Independent, 3rd April 2016

Source: www.independent.co.uk

Council Tax – Local Government Law

Posted March 23rd, 2016 in change of use, council tax, news, planning, valuation by tracey

‘Coll (Listing Officer) v Mooney [2016] EWHC 485 (Admin) is a statutory appeal by the Appellant Listing Officer against the decision of the Valuation Tribunal for England (“VTE”) in which it ordered the Listing Officer to alter the valuation list to show one entry for a property, instead of two. The property was built as one dwelling, on three floors. However, at some point, the property was converted into two dwellings. It was listed as two separate units of property (hereditaments) when the valuation list for council tax was drawn up in 1993.’

Full story

Local Government Law, 22nd March 2016

Source: www.11kbw.com/blogs/local-government-law

Personal data and politicians’ names – Panopticon

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

Full story

Panopticon, 18th March 2016

Source: www.panopticonblog.com

Court fines and council tax turning into problem debt, says Citizens Advice – The Guardian

Posted May 28th, 2015 in council tax, debts, fines, news, reports by sally

‘Magistrates’ fines and council tax bills are driving increasing numbers of people into problem debt, an advice charity said on Tuesday, as low wages and the increased cost of living squeeze household finances.’

Full story

The Guardian, 26th May 2015

Source: www.guardian.co.uk

Regina (Nicolson) v Tottenham Magistrates’ Court – WLR Daily

Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204

‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Retired vicar who refused to pay council tax as matter of principle wins High Court victory over excessive costs – The Independent

Posted May 7th, 2015 in clergy, costs, council tax, news, poverty, taxation by sally

‘A retired vicar who refused to pay council tax on a matter of principle has won a High Court victory over excessive costs.’

Full story

The Independent, 7th May 2015

Source: www.independent.co.uk

Half a million more people summoned to court over unpaid council tax, after benefits scrapped – The Independent

Posted April 7th, 2015 in benefits, council tax, crime, debts, news, social security by sally

‘Half a million more people were summoned to court last year over unpaid council tax, after benefits protecting low-income families from paying it were scrapped.’

Full story

The Independent, 6th April 2015

Source: www.independent.co.uk

Richard Clayton QC: Fairness, Consultation, and the Supreme Court: There Is (Sometimes) an Alternative – UK Constitutional Law Association

‘In the last few years Austerity Britain has generated a large number of judicial review challenges to public spending cuts, particularly against local authorities. Many cases allege that the public body has consulted unlawfully. The legal principles involved have been firmly established. However, in October 2014 the Supreme Court in R (Moseley) v Haringey LBC [2014] 1 WLR 394 added a new ingredient to the mix, and the courts are still in the process of working out the implications of that decision.’

Full story

UK Constitutional Law Association, 16th March 2015

Source: www.ukconstitutionallaw.org

Ealing London Borough Council and others v Notting Hill Housing Trust and another – WLR Daily

Posted February 3rd, 2015 in council tax, evidence, housing, law reports, local government, regulations by tracey

Ealing London Borough Council and others v Notting Hill Housing Trust and another;[2015] EWHC 161 (Admin); [2015] WLR (D) 37

‘Article 3 of the Council Tax (Exempt Dwellings) Order 1992 provided that a dwelling was an exempt dwelling for the purposes of section 4 of the Local Government Finance Act 1992 if it fell into Class B: “a dwelling owned by a body established for charitable purposes only, which is unoccupied and has been so for a period of less than sixmonths since the last occupation day, and was last occupied in furtherance of the objects of the charity”. When seeking exemption from council tax under that provision applicants were required to provide sufficient evidence to show that those conditions were satisfied.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

Deaf couple and their son face jail after conning taxpayers out of £900,000 – Daily Telegraph

Posted December 12th, 2014 in benefits, council tax, disabled persons, fraud, news by sally

‘The couple are said to have funded a luxury lifestyle of holidays and jewellery with ‘scandalous ease’.’

Full story

Daily Telegraph, 11th December 2014

Source: www.telegraph.co.uk

Regina (Stirling) v Haringey London Borough Council – WLR Daily

Posted November 18th, 2014 in appeals, consultations, council tax, law reports, local government, Supreme Court by sally

Regina (Stirling) v Haringey London Borough Council [2014] UKSC 56; [2014] WLR (D) 486

‘A public consultation under paragraph 3(1)(c) of Schedule 1A to the Local Government Finance Act 1992, as inserted, about a proposed council tax reduction scheme was unlawful if it did not involve inviting and considering views about possible alternatives to the scheme favoured by the local authority.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

R (on the application of Moseley (in substitution of Stirling) (AP) v London Borough of Haringey – Supreme Court

R (on the application of Moseley (in substitution of Stirling) (AP) (Appellant) v London Borough of Haringey (Respondent) [2014] UKSC 56 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted August 1st, 2014 in benefits, council tax, domicile, law reports, local government, news, ultra vires by sally

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) [2014] EWHC 2617 (Admin); [2014] WLR (D) 349

‘The provisions of the Local Government Finance Act 1992 did not empower a billing authority for an area to impose a condition of residence on individuals seeking to utilise a council tax reduction scheme created under section 13A(2) of the Act.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk