Summary: We will not investigate this complaint about the council tax empty homes premium. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision to charge him the council tax empty homes premium. He says the property had already been empty for two years when he bought it and needed extensive renovation. He brought the property up to standard and rented it to a tenant. In these circumstances he says the charge is unfair and should be waived.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and information about the premium. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. The law says councils can charge extra council tax on properties that have been empty and unfurnished for two years. The calculation of the premium runs with the property, not the owner. If someone buys a property that has been empty for two years they will immediately be liable for the extra council tax.
5. Mr X bought a property in February 2020. It had been empty and unfurnished since April 2018. The Council charged the council tax premium from April 2020.
6. Mr X renovated the property and rented it to a tenant in October. He complained to the Council about the premium.
7. In response the Council explained the law allows it to charge extra council tax on properties that have been empty for two years and the charge relates to the property not the owner. It noted his circumstances but said it has to apply the charge consistently.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The law says a council can charge extra council tax on a property that has been empty for two years regardless of change in ownership. The Council applied the charge once Mr X’s property had been empty for two years. The charge is consistent with the law and the Council’s policy so there is no reason to start an investigation. I appreciate Mr X disagrees with the charge but that does not mean the Council has done anything wrong or that we need to start an investigation. We are not an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

9. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman