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Posted

Well I spoke to the inspector yesterday 

She tells me that they plan to go ahead and band our property and that a rule to stop builders stock piling properties without services and kitchens bath etc while they were sold will be used against me

Which will allow them to levy council tax from when the property became water tight

and not sure were that leaves us

Posted

Have they put that in writing ..?? Out of interest did you have a CIL exemption ..? That would show you are actually a self builder so they would be foolish to pursue that line anyway. 

 

Good luck with this one - sounds like you’re dealing with some real clowns ..!

Posted
28 minutes ago, nod said:

a rule to stop builders stock piling properties without services and kitchens bath etc while they were sold

 

That's very interesting contextual information. The sins of the building industry meets the political imperative to build at all costs and genuine self-builders suffer in the crossfire.

Posted
58 minutes ago, PeterW said:

Have they put that in writing ..?? Out of interest did you have a CIL exemption ..? That would show you are actually a self builder so they would be foolish to pursue that line anyway. 

 

Good luck with this one - sounds like you’re dealing with some real clowns ..!

No nothing in writing

Cil agreement in place 

Told makes no difference SB 

Posted (edited)

I think I might involve the MP, now.

 

I think I would also ask for chapter and verse on that rule and the law that permits it.

 

Councils doing things unlawfully on the assumption that it is too difficult to stop them (or because their staff are not sufficiently knowledgeable) is routine.


At present, Liverpool City Council's Landlord Registration Scheme is up sh*t creek because they are trying to require landlords to do things that are against tenancy law or beyond their powers. Many, many Councils are heading the same way by requiring LLs to sign up to regulation by Councils that will require them to supply all sorts of private info about Ts and neighbours in violation of Data Protection Law. The penalty for non-compliance is to not to be allowed to be an LL, and potentially a Civil Penalty (=fine levied by Council) of up to 30k. To take action requires High Court or Judicial Review, which is 10s of k to do,

 

Ferdinand

Edited by Ferdinand
Posted

Good grief, it sounds more like persecution to me. Could also be worth the threat of contacting something like the BBC You and Yours programme.

Posted

I would wait for the letter, and then reply with the case law reference that @JSHarris has quoted and sent to the council solicitor by recorded delivery. 

 

Follow it with the statement that “if the council continues to pursue this course of action, then a formal complaint will be issued”

 

That should close it for good...

Posted

You and Yours sounds like a route, too.

 

Or local paper.

 

Though you could try the slooooowwww complaints route via what (used to?) be called Overview and Scrutiny.

Posted
1 hour ago, Ferdinand said:

 

I think I would also ask for chapter and verse on that rule and the law that permits it.

 

 

This is the route to take, large organizations like to invent rules and they assume the little people will obey. The only rules that apply at the the end of the day are laws that can be applied in a court.

 

If the opening post contains a literal transcript of the dialogue with the local council then the official has undermined the council's case. He/she has effectively admitted the Council is knowingly misusing the law. Anyone remember the case of Bournemouth Council using a new anti terrorist surveillance law to catch parents cheating school catchment areas.

Posted
1 hour ago, PeterW said:

I would wait for the letter, and then reply with the case law reference that @JSHarris has quoted and sent to the council solicitor by recorded delivery. 

 

Follow it with the statement that “if the council continues to pursue this course of action, then a formal complaint will be issued”

 

That should close it for good...

Yes a copy of that to print off would be helpful

I can’t seem to find it on the forum

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