Wokingham Borough Council (20 011 617)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 03 Mar 2021
The Ombudsman's final decision:
Summary: Mr X complains about the dates the Council held him liable for council tax on a property he let. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains about the dates the Council held him liable for council tax on a property he let.
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 has commented on the draft decision.
What I found
- Mr X is a landlord and he says he bought a property on 17 December 2020 which he then rented out on 19 January 2021. He says however that the council tax bill he received did not reflect that period.
- Any dispute about liability (such as the dates) 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 he could appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman