Summary: Miss X complained about her council tax liability for a decant property after she was moved from her original tenancy in 2019. We cannot investigate complaints about the management of tenancies by social housing landlords. It would be reasonable for Miss X to appeal to the Valuation tribunal about her council tax liability if the Housing Ombudsman does not resolve this to her satisfaction.

The complaint

1. Miss X complained about her liability for council tax and housing rent after she was decanted to another council property in 2019. She says she continued to pay rent and council tax on her original address due to poor communication from the Council. She wants the Council to ensure that all her payments and benefit s have been transferred correctly.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
3. 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)
4. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

6. I have considered all the information which Miss X submitted with her complaint. I have also considered the Council’s response. Miss X has been given an opportunity to comment on a draft copy of my decision.

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What I found

7. Miss X was decanted to another council property in 2019 and remined there until 2020. She paid her rent and council tax at her old address but was informed that she was in arrears at her new property because she should have made payments on this address following the move. She says she was not properly informed about this by the Council. The Council says it has credited any rent she paid back to her and has transferred her council tax payments to her new account, leaving a nil balance.
8. We cannot investigate complaints about tenancy matters by social housing tenants. Miss X has complained about the decant issues to the Housing Ombudsman service which is the proper body to consider such complaints.
9. If there are any outstanding council tax liability issues following the investigation Miss X could appeal to the Valuation Tribunal which is the body responsible for determining liability for council tax.

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Final decision

10. We cannot investigate complaints about the management of tenancies by social housing landlords. It would be reasonable for Miss X to appeal to the Valuation tribunal about her council tax liability if the Housing Ombudsman does not resolve this to her satisfaction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman