Summary: Mr X complains that the Council did not send him a Council tax demand for a property he let until he received a Liability Order. The Ombudsman will not investigate this complaint because there was a legal remedy.

The complaint

1. Mr X complains that the Council did not send him a Council tax demand for a property he let until he received a court decision.

Back to top

The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

3. I have considered the complainant’s and the Council’s comments and the complainant has had an opportunity to comment on the draft decision.

Back to top

What I found

4. Mr X is a landlord of a property he let to a tenant. The tenant left the property when Mr X was away and, on his return he found that the Council had obtained a Liability Order for unpaid Council tax from him. Mr X was considered liable after the tenant had left the property.
5. The Council says that reminder letters and summons was issued to his address during this time but Mr X says he did not receive them. Mr X says that the court costs are unreasonable.
6. The court’s decision to issue a Liability Order could be set aside if an application is made within 3 months. The court could also consider an argument that the costs sought by the Council were unreasonable.
7. I consider therefore that this was a matter which could reasonably have been dealt with by court action.

Back to top

Final decision

8. I will not investigate this complaint because this could be remedied in court.

Back to top

Investigator's decision on behalf of the Ombudsman