Dover District Council (22 018 212)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 23 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delays in extending Mr and Mrs X’s lease leading to them being held liable for more council tax for their empty property. It is open to Mr and Mrs X to appeal to a tribunal and complain to the Housing Ombudsman.
The complaint
- Mr and Mrs X complain the Council held them liable for council tax on a property they were trying to sell. There were delays in arranging an extended lease to enable them to sell their property. This caused them financial loss and distress. They want an apology and refund of the additional council tax they had to pay due to their property being empty.
The Ombudsman’s role and powers
- We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot investigate complaints about councils’ actions in relation to their role as a landlord. Mr and Mrs X’s complaint about delays in extending their lease is not within our powers to investigate. It is open to Mr and Mrs X to contact the Housing Ombudsman about this matter.
- There is a statutory right of appeal to tribunal for decisions about council tax liability. The tribunal is an independent expert body whose decisions are binding on the Council. It would be reasonable to make an appeal to the tribunal in this case and there is not a good reason for us to investigate this instead.
Final decision
- We will not investigate Mr and Mrs X’s complaint because they have a statutory right of appeal for council tax liability, and the Housing Ombudsman is best placed to consider complaints about councils’ role as a landlord.
Investigator's decision on behalf of the Ombudsman