West Lindsey District Council (21 017 190)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 11 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision on council tax liability as this is best dealt with by the Valuation Tribunal Service.
The complaint
- Mr X owns a rental property and complains the Council has refused to hold him liable for the council tax at the property. Mr X wants the Council to put the account in his name and to pay compensation for the inconvenience and stress he has been caused.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X owns a rental property which he says is occupied by multiple tenancies and hence he is responsible for paying council tax and other utilities. Mr X complains the Council has refused to make him the liable person for council tax but has billed his tenant.
- We cannot determine disputes about council tax liability. This is a matter for the Valuation Tribunal Service (VT), the independent body which hears appeals about liability. While Mr X himself may not be able to appeal, this matter can be resolved by his tenant, who has been made liable, submitting an appeal. I consider this is an appropriate way forward.
- The injustice caused to Mr X cannot be quantified until confirmation of the legal position in respect of liability is obtained. We cannot therefore recommend any financial remedy for Mr X.
- For these reasons, we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because this is a matter for the VT as we cannot determine disputes about council tax liability.
Investigator's decision on behalf of the Ombudsman