North Kesteven District Council (19 017 892)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 30 Jan 2020

The Ombudsman's final decision:

Summary: Mr K complained the Council applied an empty homes charge to the council tax on his property. The Ombudsman will not consider this complaint as it is reasonable to expect Mr K to appeal to a Valuation Tribunal.

The complaint

  1. Mr K complained the Council applied an empty homes charge to the council tax on his property.

Back to top

The Ombudsman’s role and powers

  1. 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)
  2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

  1. I have considered all the information Mr K provided. I have also considered the Council’s response. I have written to Mr K with my draft decision and considered his comments.

Back to top

What I found

  1. Properties become liable for an empty homes charge after they have been empty for two years or more. From 1st April 2019 the charge is an extra 100% on the council tax bill.
  2. Mr K purchased his property shortly before it became liable for the empty homes charge. He was intending to complete works to make it habitable, so the Council agreed to a 50% decrease in the charge for six months.
  3. Mr K says he has been living in the property since 2 September 2019 and so should not have to pay the empty homes charge. The six-month discount period has passed, and Mr K is paying the full charge. The Council does not agree Mr K is currently inhabiting his property.
  4. Mr K can dispute the Council’s decision at the Valuation Tribunal. The tribunal is an expert impartial body whose decisions are binding on a Council. I see no reason why it is not reasonable to expect Mr K to lodge an appeal.

Back to top

Final decision

  1. The Ombudsman should not investigate this complaint. It is reasonable to expect Mr K to appeal to the Valuation Tribunal.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings