London Borough of Southwark (20 010 619)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Feb 2021
The Ombudsman's final decision:
Summary: Mr X complains that the Council held him liable for council tax on a property he rented from a landlord. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council held him liable for council tax on a property he rented from a landlord.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- Mr X says that he left a property (which was a House of Multiple Occupation) for which he paid council tax. However, he says that, as the property was a House of Multiple Occupation, the landlord should have been held liable for the council tax.
- Any dispute about liability for council tax can be appealed to a Valuation Tribunal. The Tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Final decision
- I do not intend to investigate this complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman