Freeman on the land - Council Tax legality
The Council has recently seen the number of queries and questions about 'Freeman on the Land' rise and therefore we wish to clearly explain the position on this subject.
The Freeman on the Land movement mistakenly believes that Council Tax is only payable if there exists a signed contract between the individual and the council. This is incorrect. Contract law and alleged rights under common law are not the same as legislation relating to the administration and collection of Council Tax.
Council Tax is not a charge for individual services provided. It is a statutory tax on occupiers (and some owners) of homes in the Council's area and funds essential services for the entire borough.
Being a 'freeman' does not exempt anyone from paying Council Tax. Liability for Council Tax is determined by law, specifically the Local Government Finance Act 1992. Your liability for Council Tax is not dependent on and does not require your consent or the existence of a contractual relationship with the Council.
Freeman on the land - Defense against council tax liability
There are many misleading websites, articles and templates on the internet about the legality of Council Tax. You should seek independent legal advice before using them as a defence against Council Tax liability. In extreme cases this could lead to committal proceedings, or even a prison sentence, as in the Manchester Magistrates' court vs McKenzie (2015) case, where an individual who attempted to use similar 'freeman on the land' defences in court ended up in prison for 40 days.
If you have any questions regarding Acts of Parliament or laws, these should be directed to a legal professional, not the Council.
For information on what could happen if you don’t pay your Council Tax:
