HC Deb 19 April 1989 vol 151 cc221-2W
Mr. Allen

To ask the Secretary of State for the Environment what steps he is taking to ensure that private landlords who collect the community charge from their tenants keep accurate records of payments made by each tenant; and how the money will be recovered if any such landlord fails to pay in these sums in full by the date of enforcement action for recovery taking place.

Mr. Gummer

Landlords will be responsible for collecting contributions towards the community charge only where a dwelling has been designated for the purposes of the collective community charge. There is a legal requirement on such landlords to keep records, and it is for charging authorities to ensure that the law is complied with. No recovery action for a collective community charge can be taken against a tenant, whose sole liability is to pay contributions to the landlord. Landlords who fail to pay the charge are subject to the same remedies as other charge-payers, and in addition, where a debt exceeds £1,000, a local authority may apply to the court for a charging order on the property.

Mr. Allen

To ask the Secretary of State for the Environment if he has any plans to introduce imprisonment as a penalty for non-payment of the community charge.

Mr. Gummer

Imprisonment has always been available as a sanction of last resort where an individual refuses to pay rates, and where it is not possible to recover the outstanding amount through distraint. The remedies available to a charging authority for non-payment of a community charge have been widened to include, in addition to distraint, attachment of earnings and deductions from income support, to give people the opportunity to pay off arrears over time. If it proves impossible to recover the debt, a magistrates' court will be able to commit a person to prison but only if, having inquired into his means in his presence, the court are satisfied that his failure to pay was due to wilful refusal or culpable neglect.