Summary: We cannot investigate this complaint from a landlord about council tax liability because he has appealed to the Valuation Tribunal. In addition, we cannot investigate what happened in court and there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council made him liable for council tax when his tenant was still living in the property. He also complains he had a wasted trip to the court and was kept waiting. Mr X wants the liability changed to the tenant, a refund, compensation for his travel costs, and an apology.

Back to top

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))
3. We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability.
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

Back to top

How I considered this complaint

6. I considered information provided by Mr X and the Council. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

Back to top

My assessment

7. Mr X is a landlord. The Council made him liable for the council tax from 19 December because the tenant said she moved out on 19 December. Mr X says this is wrong and the tenant stayed in the property, and paid rent, until 21 January. The Council explained why it had decided to make Mr X liable from 19 December and invited him to appeal to the Valuation Tribunal. The Council said Mr X needed to pay the council tax pending an appeal to the tribunal. Mr X appealed to the tribunal and is waiting for a hearing date.
8. The Council applied to the court for a liability order because Mr X had council tax arrears. Mr X says the court kept him waiting and did not have time to hear his submission. He also says the court did not provide a table or water, and he incurred travel costs. The Council explained it was his choice to attend the hearing and he had been advised that liability was an issue for the tribunal and he should pay pending an appeal. The Council declined to pay his travel costs
9. I cannot investigate the dispute over council tax liability because Mr X has appealed to the Valuation Tribunal. The law says we cannot investigate any matter which has been appealed to the tribunal.
10. I cannot investigate what happened during the court hearing because the law prevents us from investigating anything that happens during court proceedings.
11. I will not investigate the issue of the travel costs because there is insufficient evidence of fault by the Council. The Council was entitled to take legal action and it was Mr X’s choice to attend the hearing.

Back to top

Final decision

12. I cannot investigate this complaint because Mr X has appealed to the Valuation Tribunal and we cannot investigate what happened in court. In addition, there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman