Anaya Nolan
There are various challenges to the legality of council tax in the UK, with some people convinced that they are exempt from paying it. The 'Freeman on the Land' movement and similar groups argue that people are only bound by the contracts and laws they have consented to, and that being a 'freeman' exempts them from paying council tax. However, UK councils have stated that liability for council tax is determined by the Local Government Finance Act 1992 and is not based on individual consent or contract. Councils have also warned against misleading information on the internet that suggests archaic laws or common law can be used to avoid paying council tax, advising residents to seek proper legal advice instead.
| Characteristics | Values |
|---|---|
| People's beliefs about council tax | People believe that they are only bound by the contracts and laws they have consented to and if they do not give consent, then they are not liable to pay council Tax. |
| Council tax liability | Council tax liability is not given by consent or a contractual relationship with the local authority but by legislation. |
| Common law and council tax | Alleged rights under common law are not relevant to the liability to pay council tax. |
| Council tax and contract | Council tax is not a contract, and a signature or agreement from a resident is not necessary for it. |
| Legal recognition of "Freeman on the Land" | Legislation and courts do not recognize the concept of "Freeman on the Land" or similar concepts. |
| Council's responsibility | The council has a responsibility to charge and recover council tax. |
| Seeking legal advice | People should exercise caution and seek proper legal advice before using arguments based on contract, consent, and common law against council tax liability. |
| Council's response to queries | Councils may limit responses to lengthy or spurious queries about the legal basis for council tax payment. |
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What You'll Learn
'Freeman on the Land' and similar groups
The Freeman on the Land movement, also known as the freemen of the land, the freemen movement, or simply freemen, is a loose group of individuals who adhere to pseudolegal concepts and conspiracy theories. The movement is mostly present in Commonwealth countries, having originated in Canada in the early 2000s as an offshoot of the sovereign citizen movement in the United States.
Freemen on the Land believe that they are bound by statute laws only if they consent to those laws. They argue that they can declare themselves independent of the government and the rule of law, and that the only "true" law is their own interpretation of "common law". This belief system has led some members of the movement to claim that they are exempt from paying certain taxes, such as council tax.
However, these arguments are legally baseless and have been consistently rejected by courts in Canada, Australia, the United Kingdom, New Zealand, and Ireland. Despite this, the movement gained significant influence in Canada during the late 2000s and early 2010s, with around 30,000 people claiming they had "freed" themselves from the country's laws.
Adherents of the Freeman on the Land movement can be classified into several groups, including "fantastical believers," "conspiracy theorists", "escapists", "dabblers/opportunists", "sympathizers", "the committed", "violent extremists", "entrepreneurs", and "true believers." While the movement has declined in recent years, some individuals continue to use Freeman-on-the-Land arguments in legal proceedings, often without success.
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Council tax legislation
The legislation that covers Council Tax is freely available from the government Legislation.gov.uk website. The Local Government Finance Act 1992 provides the legal basis for a billing authority to charge Council Tax to fund services and sets out who is liable to pay. Council Tax is a creature of statute, and a contract is not required. It is a tax, not a contract.
Some people believe that they do not have to pay council tax because they are a "freeman on the land" or because they have not consented to the laws relating to council tax liability. However, these arguments have no legal basis and will not prevent the council from taking recovery action to obtain payment.
In Kofa v Oldham (2024), a High Court case addressed the arguments of no contract/consent given to pay council tax. The case confirmed that laws are considered binding and made by an elected Parliament on behalf of the whole country. Therefore, no individual contract is required, and it is both "impossible and inappropriate" to gain individual consent.
If you are struggling to pay your Council Tax, it is important to talk to the council or an independent advice agency. The council will do its best to ensure you are getting the right support.
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Council tax as a contract
The "'Freeman on the Land' movement and similar groups argue that people are only bound by the contracts and laws they have consented to and, therefore, that consenting to a contract is necessary to be liable for council tax. They also claim that being a "freeman" exempts them from paying council tax. However, this is incorrect. Council tax is a creature of statute, and a contract is not required. The legislation covering council tax is freely available from the government Legislation.gov.uk website.
In the UK, liability for council tax is determined by the Local Government Finance Act 1992, which provides the legal basis for a billing authority to charge council tax to fund services and sets out who is liable to pay. This statute, created through the UK's democratic system of government, outlines the hierarchy of who is considered the liable party. The liable party is determined by reference to the Council Tax (Administration and Enforcement) Regulations 1992. The issue of a Council Tax Demand Notice (the bill) creates the debt, and a signature or agreement from a resident is not necessary for council tax. It is a tax, not a contract.
The High Court has confirmed that laws are considered binding and made by an elected Parliament on behalf of the whole country, so no individual consent or contract is required. It has been demonstrated in court that it is both "impossible and inappropriate" to gain individual consent from "every individual in person". Anyone claiming "Freeman on the Land" status should be aware that they cannot choose which laws they adhere to and which to ignore.
If you are struggling to pay your council tax, it is important to talk to the council or an independent advice agency. The council will do its best to ensure you are getting the right support. However, in the interests of protecting the public purse, the council may limit responses to lengthy or spurious inquiries about the legal basis for the payment of council tax.
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Council tax liability
Liability Determination
The liable party for council tax is usually the sole or main resident of a property. If there are multiple residents, a 'hierarchy of liability' is used to determine the responsible party. This hierarchy is read from top to bottom, and the first applicable definition is considered the liable person. The hierarchy includes owners, tenants, and other occupants of the property.
Tenancy and Liability
The liability for council tax can vary depending on the type of tenancy. If a tenant has a fixed-term tenancy of six months or more, they may remain liable for council tax even after leaving the property, provided the tenancy agreement specifies that it will continue as a contractual periodic tenancy. However, if the tenancy becomes a statutory periodic tenancy after the fixed term, the tenant is not liable for council tax once they move out.
Exemptions and Discounts
Certain dwellings and individuals are exempt from council tax liability. Exempt properties are typically those that are unoccupied, such as vacant properties or those occupied by specific categories of people. Some individuals who are disregarded for council tax purposes include students and those with severe mental impairments, although evidence must be provided. Additionally, properties such as care homes, hospitals, and religious communities may also be exempt.
Council Tax Collection
Council tax is known for its high collection rates, and local authorities have various methods to pursue outstanding payments. These include garnishing wages, sending bailiffs to seize property, and in extreme cases, imprisonment. The time limit for collecting council tax debt is six years after the amount becomes due, unless a liability order is granted, in which case there is no legislative limit on collection time.
Addressing Legality Concerns
While groups like 'Freeman on the Land' and 'Common Law' argue that consent is necessary for council tax liability, these beliefs are unfounded. The High Court has confirmed that laws made by elected parliaments are binding, and liability arises from legislation, not consent or contractual relationships. Therefore, challenges based on common law or archaic laws are not accepted by councils or courts.
In summary, council tax liability is a serious responsibility, and those who fail to meet their obligations may face legal consequences. While there are exemptions and discounts, the majority of residents are liable for council tax, and it is essential to understand and fulfil these obligations to avoid legal issues.
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Council tax recovery action
If you are struggling to pay your council tax, it is important to contact your council as soon as possible. Councils can be flexible and may allow you to spread your payments over a longer period, give you a one-off discount, or make other arrangements. However, if you do not take action, the council will. Councils can and will take recovery action if you withhold payment.
Firstly, the council will send a reminder notice giving you seven days to pay if you miss a payment. If you don't pay within seven days, you'll have to pay the whole year's council tax instead. You'll receive a second reminder if you miss another payment, and a final notice if you miss a third, demanding payment for the entire year.
If you still do not pay, the council may take further enforcement action. This could include:
- Deductions from earnings: The council can ask your employer to pay your unpaid council tax directly from your wages. This is called an 'attachment of earnings order', and the deductions are made on a sliding scale depending on your income.
- Taking money from benefits: The council can apply to take money from certain benefits.
- Bailiffs: The council can send bailiffs ('enforcement agents') to seize your property if there is no other way to recover the debt. The bailiffs' costs will be added to the total amount owed.
- Court action: If you do not pay and the bailiffs cannot recover enough to cover the debt, the council can take you to court. You can be sent to prison for up to three months if the court decides you do not have a good reason for non-payment and you refuse to pay.
It is important to note that arguments based on "Freeman on the Land" or similar groups, which claim that people are bound only by the contracts and laws they have consented to, have no legal basis. Such arguments will not prevent the council from taking recovery action or halt legal proceedings.
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Frequently asked questions
No, council tax is not illegal under common law. While some people argue that they are only bound by the contracts and laws they have consented to, this is not the case. Liability to pay council tax is determined by legislation, specifically the Local Government Finance Act 1992.
The legal basis for charging council tax is the Local Government Finance Act 1992, which sets out who is liable to pay. The Council Tax (Administration and Enforcement) Regulations 1992 and the Council Tax (Demand Notices) (England) Regulations 2011 also provide further details on the administration and enforcement of council tax.
No, consent is not required for legislation to be binding. Laws are made by an elected Parliament on behalf of the whole country. It has been confirmed in High Court cases that it is both "impossible and inappropriate" to gain individual consent for legislation.
If you're having trouble paying your council tax, it's important to talk to the council or an independent advice agency. They can help ensure you're getting the right support and may be able to provide alternatives or assistance.
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