Non-cooperation with a S16 LG(MP)A RFI
Hi all
I have a case where a respondent to a S16 RFI has signed in the capacity of 'Administrator of Estate of Bxxxx and Lxxxx. He also hasn't provided any meaningful information in the S16 response.
As Bxxxx and Lxxxx are very much alive I have returned the S16 to him and asked him to provide contact details for the owners or proof that he is officially acting as their Power of Attorney. I believe, as he has used that title successfully when dealing with Council Tax, that he is trying the same stance with me and shielding the owners address.
His second response is now overdue and my question is 'what happens next?'
Every training course and workshop I've attended has stressed 'don't threaten legal action without following through' but how do you prosecute for a non-reply to a S16 notice.
Any guidance will be much appreciated.
Thanks in advance
Francis
- Forums
Go for prosecution
Hi Francis
We've prosecuted for failure to return s16 - weblink is for housing related work:-
http://www.lancashiretelegraph.co.uk/news/rossendale/stacksteads/8301873.Rossendale_landlord_fined_for_cold__damp_homes/
We've had a more recent one while investigating an accident at a Quarry. The interesting thing from the judge was that if you specify a timelimit to return the s16 and then send a reminder and extend the time limit that can cause ambiguity - his advice was if you've given the time limit and they fail to respond notify them their out of the time limit and attach a copy to show your being reasonable but don't give them an extension - the breach is on the original timelimit.
Regards
Rebecca