GDPR and Council Tax

[nickybnike]

Hello all,

I hope you are all keeping safe and well. I need some advice, I received a letter of demand for Council Tax, just before a tenant moved in. I have asked the Council to transfer this liability to the tenant. They have asked for the tenancy agreement, tenant details and proof of rent received. I have never been asked to provide this before. I am worried that providing this information, I will be breaking GDPR but they are saying they cannot send a letter to the tenant at the moment, so I will remain liable for the Council tax, if I do not provide the information.

[jpkeates]

You should be OK providing the information to comply with a statutory requirement.

Your data protection policy documents should record this policy and, ideally, the tenancy documentation should inform the prospective tenant with whom this data may be shared (local authorities, other branches of government, mortgage lenders etc).

[royw]

I think they're overstepping the mark. My council gives us 3 'free' months for an empty property in return for the name and move in date of the tenant. It's none of their business what your AST says or how much rent you get IMO. If the tenant denies responsibility then you might provide the AST as evidence. Not proof of payment though, their responsibility for council tax doesn't end if they default on the rent.

[John Duff]

royw,

Lucky you! My council only gives 28 days at that's at 50%. Which is your council?

[jpkeates]

I think they're overstepping the mark.

The council can ask for evidence that the property is being let, to whom and from when.
And what type of agreement is in place.

If the tenant hasn't been in touch to take on the responsibility, it's the only way the landlord can transfer the liability.

[nukecad]

They have asked for the tenancy agreement, tenant details and proof of rent received.

That's the stuff they need to process a Housing Benefit claim.

Unless he is disabled then he can't make a new HB claim with the council.
If he has already been claiming HB locally before moving to your property he can transfer his existing claim and they would want to see all that again.

Otherwise they don't need to know what the rent is.

Just the tenancy agreement is sufficent to show who's (supposed to be) living there and so liable for CT.

Ask the council why they are asking for the other stuff, your new tenant may be making, or transferring, a HB claim.

[royw]

royw,

Lucky you! My council only gives 28 days at that's at 50%. Which is your council?

High Peak.