Summary: Mr X complained the Council delayed correcting his council tax liability after his tenants left and he was put to time and trouble. We found fault by the Council. It offered a suitable remedy.

The complaint

1. The complainant whom I shall refer to as Mr X, complains the Council took too long to revise his council tax liability for a property he owns. He says this caused stress and he was put to avoidable time and trouble.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have discussed the complaint with the complainant and considered the complaint and the copy correspondence provided by the complainant. I have made enquiries of the Council and considered the comments and documents the Council provided. Mr X and the Council now have an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

5. Mr X owns a property which he let to tenants. In July 2019 the tenants gave the letting agent notice they would leave the property in August. They told the Council they had left in mid July. The Council revised the council tax liability making Mr X liable from mid July. It sent him a bill.
6. Mr X queried the Council’s bill in September 2019. He said the tenants did not leave until August. In correspondence between Mr X and the Council between September 2019 and May 2020 the Council asked for evidence when the tenants left the property, including a tenancy agreement showing the end date Mr X claimed. Mr X visited the Council and supplied a copy a check out inventory but this was incomplete and did not show the tenants’ names.
7. The Council sent Mr X a summons for £180 in November 2019 as he had not paid. However, it withdrew the summons after Mr X paid in full.
8. In May 2020 Mr X provided a copy of the original tenancy agreement but this did not show the date of vacation Mr X claimed. At the end of June 2020 the letting agents sent the Council a copy of a letter responding to the tenants’ notice they were vacating the property in August. This confirmed the tenants were liable to a date in August. The Council agrees it could have revised liability to the date Mr X claimed. However, the Council did not alter liability until December 2020 after Mr X had complained and pointed out the agent’s correspondence showed the tenants themselves stated they would leave in August. The Council then sent Mr X a refund.
9. In its final response to Mr X’s complaint the Council accepted that it was responsible for some delays and that it did not always fully explain the reasons for its requests for evidence. It apologised for this but said it did not pay compensation unless there was financial loss.
10. The Council provided a response to my enquiries. It stated that while council tax liability changes can be complex, it agreed it could have revised Mr X’s liability earlier. It also agreed it could pay a remedy for faults causing injustice even if there was no financial loss. The Council said it had reminded managers about this. The Council apologised for its delay and offered to pay Mr X £50 for his time and trouble.

Agreed action

11. The Council offered to pay Mr X £50 as compensation for his time and trouble. I considered this was a suitable remedy. The Council agreed it would pay Mr X within six weeks of my decision.

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Final decision

12. I found fault causing injustice. I have completed my investigation and closed the complaint.

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Investigator's decision on behalf of the Ombudsman