Local Government (Household Charge) Act 2011

10.

Receipts, certificates and requirements on sale of residential property.

10. — (1) Where a person pays a household charge, an instalment of a household charge, a late payment fee or late payment interest to a relevant local authority in respect of a residential property, that local authority shall give the person a receipt in writing in respect of the payment.

(2) Where a relevant local authority receives payment in full of a household charge, all related late payment fees and late payment interest in respect of a residential property, it shall, on application to it in writing by or on behalf of the owner of the residential property, within 14 days, give that owner a certificate (in this section referred to as a “certificate of discharge”) confirming that the household charge in respect of the year concerned has been paid and that no late payment fee or late payment interest is due or owing in respect of the property for that year.

(3) The vendor of a residential property shall, before the completion of the sale of the property, pay to the relevant local authority all household charges, late payment fees and late payment interest due and owing to the relevant local authority in respect of that residential property.

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(5) As against a bona fide purchaser or mortgagee of such property for full consideration in money or money’s worth without notice, or a person deriving title from or under such a purchaser or mortgagee, a certificate of discharge, a certificate of waiver or a certificate of exemption shall discharge the property concerned from liability for any household charge and related late payment fee and late payment interest due by the owner of that property for each year in which the liability date or dates to which the certificate relates fell.

(6) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a class C fine.

(7) A relevant local authority—

(a) shall not charge a fee in respect of the issue by it of a receipt, a certificate of discharge, a certificate of waiver or a certificate of exemption, and

(b) may charge a fee in respect of the issue by it of a duplicate of such receipt or certificate not exceeding the reasonable cost of issuing the duplicate.

(8) In this section—

“purchaser” includes, in relation to a residential property, a transferee under a transfer referred to in the definition of “sale” in this subsection;

“sale” includes, in relation to a residential property, the transfer of the residential property by the owner to another person—

(a) in consequence of—

(i) the exercise of a power under any enactment to compulsorily acquire land, or

(ii) the giving of notice of intention to exercise such power,

or

(b) for no consideration or consideration that is significantly less than the estimated market value of the residential property concerned at the time of its transfer;

“vendor” includes, in relation to a residential property—

(a) a person who transfers the property to another person—

(i) in consequence of—

(I) the exercise of a power under any enactment to compulsorily acquire land, or

(II) the giving of notice of intention to exercise such power,

or

(ii) for no consideration or consideration that is significantly less than the estimated market value of the residential property concerned at the time of its transfer,

(b) an agent of the owner of the residential property who—

(i) receives the proceeds of the sale of the property or part thereof on behalf of the owner, or

(ii) provides legal advice to the owner in connection with a transfer referred to in subparagraph (ii) of paragraph (a) of the property by the owner.

Annotations

Amendments:

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Repealed (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 73(3)(a), commenced on enactment as per s. 73(3)(a).