Summary: We will not investigate this complaint about Council tax and rent because there is a right of appeal to a tribunal and the rent matter is for the Housing Ombudsman.

The complaint

1. Mr X complains that the Council provided a transfer of house so quickly they were forced to pay extra rent and Council tax.

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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.
4. As a result of the provisions of the Localism Act 2011, the LGSCO lost jurisdiction to deal with certain complaints about the provision and management of social housing. For most of those complaints, jurisdiction passed to the Housing Ombudsman, including rent disputes.

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How I considered this complaint

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

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My assessment

7. Mr X says that the Council offered them alternative accommodation on 8 August 2023 but were told that the date for the start of the new accommodation was 14 August which they say was too soon and meant that they had to pay extra rent and Council tax.
8. The Council says that the original offer was made on 3 August with the expectation that they moved by 14 August. After contact from Mr X’s son, the Council says they agreed to change the moving in date to 14 August. The Council adds that four weeks’ notice has to be provided when moving house so the end tenancy date was 27th August. Nevertheless, the Council offered Mr X a payment of £60 to reflect the hardship caused by the move. Mr X says that a payment of £59 was made towards rent which was not acknowledged by the Council.
9. The Housing Ombudsman has jurisdiction over rent disputes and so the Ombudsman cannot investigate this part of the complaint.
10. Mr X says that the move meant that he was forced to pay more Council tax as they could only receive Council tax support on one property at a time. Any dispute about Council tax liability can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

11. We will not investigate Mr X’s complaint because part of the matter is out of jurisdiction and there is a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman