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 and because the problem has been resolved.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council charged the council tax empty homes premium for a period before he owned the property. Mr X wanted the Council to remove the extra charge.

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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, or
• the problem has been resolved.

(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. I also considered our Assessment Code.

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My assessment

4. Councils can charge extra council tax on a property that has been empty for at least two years. The two year period starts from when the property becomes empty regardless of change in ownership. This means that if someone buys a property that has already been empty for two years they will be liable for the premium until they move in.
5. Mr X bought a property in March 2020. It had been empty since October 2019. The Council charged council tax from March 2020 and the premium from October 2021. The Council says Mr X had not provided proof of the date he moved in and had provided contradictory information. For example, in some emails Mr X said he had moved in during March 2020 but during a call in June 2020 he reported the property was empty and being refurbished.
6. During the complaints process the Council asked Mr X to provide proof of the date he moved in. The Council then decided to treat Mr X as living in the property from April 2021. The Council removed the premium charge as the revised decision meant the property had not been empty for two years. Mr X continues to assert he moved in during March 2020; the Council invited him to provide evidence. Mr X has paid all the council tax and has not paid anything extra for the premium.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council correctly told Mr X that the timeframe for the premium starts from the date a property becomes empty and not from the date of ownership. In addition, the Council had not received proof of the date Mr X moved into the property as his main residence.
8. I also will not start an investigation because the problem has been resolved. Although Mr X continues to say he moved in during March 2020, and not April 2021 as decided by the Council, the revised date means he is no longer liable for the premium. The difference between the dates makes no difference to the amount of council tax Mr X is liable for.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because the problem has been resolved.

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Investigator's decision on behalf of the Ombudsman