Summary: Mr X complains that the Council invoiced him for two years of backdated council tax that he had already paid to his landlord. He says this impacted on his health. The Ombudsman has discontinued this investigation because the Council has resolved the issue.

The complaint

1. The complainant, who I refer to here as Mr X, complains that the Council invoiced him for two years of backdated council tax that he had already paid to his landlord. He says this impacted on his health.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have read Mr X’s letters to the Ombudsman and I have spoken to the Council. I have read the documents provided by the Council and Mr X. Mr X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments before I reached a final decision.

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What I found

4. Mr X lives in a rental property. He initially rented only part of the property, so he paid his council tax to his landlord, who then paid it to the Council.
5. In May 2019 the Council received a change of circumstances form from Mr X’s landlord. This said that from July 2017, Mr X rented the whole property and that Mr X would therefore be responsible for the council tax.
6. The Council then set up a council tax account for Mr X. It sent Mr X a council tax bill for 2017/18 and 2018/19.
7. Mr X complained to the Council that he had paid his council tax directly to his landlord, who had then paid the money to the Council.
8. The Council responded, saying it had only recently been made aware that Mr X was responsible for paying council tax from 2017. It said the agreement between Mr X and his landlord was a private agreement. It said it could not transfer the payments made into the landlord’s council tax account without written instructions from the landlord.
9. Mr X replied, saying he had little contact with the landlord who lives overseas. The Council wrote to the landlord to get confirmation of the payments made. The Council did not get a response form the landlord.
10. Mr X complained to the Ombudsman.
11. The Council then wrote to Mr X saying it needed written authorisation from the landlord, or Mr X could sign an indemnity which said if the landlord disputed this in future, the money would be transferred back into the landlord’s council tax account.
12. Mr X signed the indemnity and the Council transferred the money from the landlord’s council tax account to Mr X’s council tax account. The Council sent Mr X a letter to confirm that his council tax account had now been fully paid.
13. Mr X appears satisfied with the Council’s actions. For this reason, the Ombudsman has discontinued this investigation.

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Final decision

14. I have discontinued this investigation for the reasons given above.

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Investigator's decision on behalf of the Ombudsman