Luton Borough Council (23 012 876)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 29 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about liability for Council tax on a property.
The complaint
- Ms X complains that she has been held liable for Council tax on a property after she had left.
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 provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that the Council has held her liable for Council tax after she left her previous house. The Council says that the previous landlord provided a rental agreement stating that she was liable for longer than she stated.
- The Council advised her that she had a right of appeal to a Valuation Tribunal against their decision.
- 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.
Investigator's decision on behalf of the Ombudsman