The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax liability on an uninhabitable property. It would be reasonable for Mr Y to appeal to the Valuation Tribunal.
The complaint
Mr Y says the Council have charged him council tax for a property he has been unable to live in due to its dangerous condition.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered information provided by Mr Y and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has said the council tax is payable even though the property was unoccupied.
This is a Council tax dispute. Therefore, it would be reasonable for Mr Y to appeal to the Valuation tribunal.
The Valuation Tribunal considers disputes about Council tax. It is a free and easy to use service.
Final decision
We will not investigate Mr Y’s complaint because it would be reasonable for him to appeal to the Valuation Tribunal
Investigator's decision on behalf of the Ombudsman