The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on council tax liability as this is best dealt with by the Valuation Tribunal Service.
The complaint
Mr X owns a rental property and complains the Council has refused to hold him liable for the council tax at the property. Mr X wants the Council to put the account in his name and to pay compensation for the inconvenience and stress he has been caused.
The Ombudsman’s role and powers
We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X owns a rental property which he says is occupied by multiple tenancies and hence he is responsible for paying council tax and other utilities. Mr X complains the Council has refused to make him the liable person for council tax but has billed his tenant.
We cannot determine disputes about council tax liability. This is a matter for the Valuation Tribunal Service (VT), the independent body which hears appeals about liability. While Mr X himself may not be able to appeal, this matter can be resolved by his tenant, who has been made liable, submitting an appeal. I consider this is an appropriate way forward.
The injustice caused to Mr X cannot be quantified until confirmation of the legal position in respect of liability is obtained. We cannot therefore recommend any financial remedy for Mr X.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because this is a matter for the VT as we cannot determine disputes about council tax liability.
Investigator's decision on behalf of the Ombudsman