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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My husband has a small business in a shop , the premises are

Resolved Question:

My husband has a small business in a shop , the premises are owned solely in my name.
The Public health department are requesting information on this property (miscellaneous provisions act 1976)why do they need this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What additional information are they asking for please?

Customer:

They are asking my husband to fill in the freedom of information act as to who has an interest in this property and if he pays rent

Alex Watts :

Ok - well its Freedom of Information does not apply to you - you are not a public body

Alex Watts :

In any event they have no right to know who he pays the rent to etc.

Alex Watts :

That is between you and the Landlord

Alex Watts :


They can only really ask it if they are thinking of a compulsory purchase







But in any event they can find this information on the Land Registry







Therefore he should write back, say its nothing to do with them and the Freedom of Information Act does not apply







Can I clarify anything for you about this today please?



Customer:

the form states that it is miscellaneous provisions act 1976 section 16 which states I could be fined if I don't fill this in within 16 days

Customer:

waiting for a reply to the above

Alex Watts :

Do they specify the function which they exercise in their request?

Customer:

the only information on the back is exactly what it states on section 16 of the 1976 act

Alex Watts :

Well it is an invalid notice

Alex Watts :

Section 16 states:

Alex Watts :

"a notice specifying the land and the function and the enactment which confers the function and requiring the recipient of the notice to furnish to the authority, within a period specified in the notice , the nature of his interest in the land "

Alex Watts :

Therefore they need to serve notice to say what function they are requiring.

Alex Watts :

In any event you are only required to say you are the occpupier

Alex Watts :

You dont have to say who the Landlord is

Alex Watts :

Does that help?

Customer:

Thanks I just spoke to the local authority and they told me that they have served notice on my husband for non compliance and need this info to ensure that they have served notice on the correct person

Alex Watts :

But the Act does not say that.

Alex Watts :

The notice is defective - they need to say what enactment and what they need the information for.

Alex Watts :

Also your husband only needs to say what his interest in the land is. The Act does not say he needs to say who the Landlord is, how much he pays etc

Alex Watts :

Does that clarify?

Customer:

Yes Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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