Summary: We will not investigate this complaint about the council tax empty homes premium because there is insufficient evidence of fault by the Council. We also cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Mr X, says it is morally wrong for the Council to charge the council tax empty homes premium because the house was empty before he bought it. Mr X wants the Council to waive the charge and transfer the extra money he paid to the council tax for this year.

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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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe:

• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I found out the Council ended the premium charge in March. I considered comments Mr X made in reply to a draft of this decision.

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What I found

Council tax empty homes premium

4. The law allows councils to charge extra council tax on properties that have been empty and unfurnished for more than two years. The charge is dependent on the status of the property and is not dependent on who the owner is. This means that someone who buys a house that has been empty for two years, and does not immediately move in, will be liable for the extra charge.

What happened

5. Mr X bought a house in November 2020. He planned to renovate it and move in at a later date. The Council charged Mr X the empty homes premium because the house had been empty since October 2018.
6. Mr X says he was forced to move into the house early, when it was still in a poor condition, to end the extra charge. The Council ended the premium charge from 17 March 2021 when Mr X moved in.
7. Mr X accepts the charge may be legally correct but says it is morally wrong. He had no control over the house before he bought it and says he is out of pocket by £550 for something the previous owner did. He says a different council gives new owners six months leeway. Mr X wants the Council to waive the premium charge and transfer the extra council tax he paid into his account for this year.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. The law allows councils to charge extra council tax once a property has been empty for two years, regardless of any change in ownership. Mr X’s property had been empty for more than two years when he bought it and remained empty until he moved in during March. The Council’s decision to charge the premium is consistent with the law and its policy so there is no reason to start an investigation. I can only consider whether the Council has followed the law; it is not my role to comment on whether the council tax billing system is morally right. Different councils may have different polices but I can only consider whether this Council has applied its policies correctly.
9. I also will not start an investigation because I cannot achieve the outcome Mr X would like. There is no suggestion of fault so no grounds on which I could ask the Council to waive the charge.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council and because I could not achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman