Birmingham City Council (21 012 406)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
The complaint
- Mr Y complains the Council is pursuing him for council tax on a property he rented in 2013. He says the landlord was responsible for the council tax, not him.
- Mr Y says he has been caused upset and inconvenience and is unhappy he is now being pursued after several years for money he says he does not owe.
The Ombudsman’s role and powers
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
- 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)
How I considered this complaint
- I considered the information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Mr Y rented a property in the council’s area between January 2013 and July 2014. Mr Y says the landlord was responsible for payment of council tax during this time. The Council contacted Mr Y in 2021, explaining that he owed council tax on the property which had not been paid. Mr Y says he is not liable for the council tax and complained in November 2021. The Council responded, explaining that under the terms of the tenancy agreement Mr Y agreed to when he rented the property, it was him and not the landlord who was responsible for the council tax. Mr Y then contacted us.
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. Mr Y has a right to appeal to the Valuation Tribunal if he wishes to dispute his liability for council tax. While Mr Y is on a low income, this service is often without charge, so it is reasonable top expect Mr Y to use his right of appeal to the Valuation Tribunal.
Final decision
- We will not investigate Mr Y’s complaint because it is reasonable for him to use his right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman