Summary: We will not investigate this complaint about the council billing Mr X for council tax when he says he already pays his landlord an amount for the charge separate to his rent. It is reasonable for Mr X to challenge the separate valuation of his flat by appealing to the Valuation Tribunal which is the body responsible for deciding challenges to council tax liability.

The complaint

1. Mr X says he pays rent and council tax payments to his landlord but the Council has sent him bills for council tax as well. He wants the Council to remove the charge because he should not have to pay the charge twice.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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.

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How I considered this complaint

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

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My assessment

6. Mr X says he lives in a flat which is self-contained in a block. He pays rent to a landlord and a separate amount for council tax. He also received council tax demands from the Council which he says is a double charge. The Council investigated his situation and told him that the Valuation Office Agency(VOA) listed the dwellings as separate units liable for council tax and that the residents are individually liable. The property is not classed as a house in multiple occupation so the landlord is not liable for paying for each separate dwelling.
7. The Council explained to Mr X that it is only the billing authority and it does not add properties to the listings, this is done by the Valuation Office Agency. It has no involvement with private tenancy arrangements between landlords and their tenants. The Council advised Mr X to appeal to the Valuation Tribunal which can consider challenges to liability for council tax.
8. We cannot determine who is liable for council tax and the Council is recovering payments from Mr X because this is the listing made by the VOA. The Valuation Tribunal is the body which decides disputes about council tax liability and it is reasonable for Mr X to appeal as he was advised.

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Final decision

9. We will not investigate this complaint about the council billing Mr X for council tax when he says he already pays his landlord an amount for the charge separate to his rent. It is reasonable for Mr X to challenge the separate valuation of his flat by appealing to the Valuation Tribunal which is the body responsible for deciding challenges to council tax liability.

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Investigator's decision on behalf of the Ombudsman