London Borough of Barnet (22 017 447)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 30 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax liability because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
The complaint
- Mr Y complained the Council has continued to hold him liable for council tax for a property he was renting, after he ended the tenancy agreement following a fire.
- Mr Y says he has been pursued for the council tax, including contact from bailiffs, causing him upset and worry.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Following a fire in March 2022 at a set of flats which Mr Y manages, Mr Y ended his tenancy agreement with his landlord. Mr Y says he also emailed the Council to tell it that he was no longer liable for the council tax, and said it should ask the landlord to pay it in future. He says he has provided the Council with a copy of the tenancy agreement with his landlord but is still being held responsible for the payments for council tax. He says he has now been contacted by enforcement agents. He approached us in March 2023.
Analysis
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
- Consequently, it is reasonable to expect Mr Y to use his right to appeal to the Valuation Tribunal if he wishes to dispute the Council’s decision that he is liable for the council tax payments. Therefore, we will not investigate this complaint.
Final decision
- We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman