Summary: We will not investigate this complaint about the change of tenancy liability for Council tax because the matter has been remedied and there are no grounds to warrant investigation.

The complaint

1. Ms X, a landlord, says that she has had difficulty in getting the Council to change the Council tax liability on a house she lets to tenants.

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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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organization.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says that the Council has failed to update their records regarding a tenant.
6. The Council says that they have asked for evidence to show that the new tenant has a Council tax liability and paid rent.
7. Ms X says that the evidence sought by the Council is confidential and unreasonable to provide.
8. Nevertheless, that evidence was sent and the Council has created a Council tax account for the new tenant.
9. Ultimately, any dispute about liability is a matter for a Valuation Tribunal and the Ombudsman would not investigate such a matter.
10. I am satisfied that the Council must establish a rent liability from any person identified as a tenant for Council tax purposes. If Ms X considers that it is a breach of confidentiality to send such documents, the new tenant could provide such evidence instead as they are the person required to pay the Council tax.
11. Given the above I am not persuaded that there are grounds to investigate this complaint.

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Final decision

12. We will not investigate Ms X’s complaint because the matter has been remedied and the Council’s actions are not administrative fault.

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Investigator's decision on behalf of the Ombudsman