Summary: We will not investigate this complaint about the Council’s refusal to provide exemption from council tax for Mr X’s property because he could appeal to a Valuation Tribunal.

The complaint

1. Mr X, a landlord, says that he should not have to pay council tax on a property which was empty and in a poor state.

Back to top

The Ombudsman’s role and powers

2. 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)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X says that his tenants left his property in a very poor state. He says that it is unfair that he should have to pay council tax on the property for the period of repairs.
7. Any decision as to whether council tax is liable to be paid on a property or whether discounts of exemptions should apply can be appealed to a Valuation Tribunal.
8. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he could appeal to a Valuation Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman