Summary: Mrs X complains about the Council’s decision to hold her liable for business rates on a property after she says the tenancy finished. The Ombudsman will not investigate this complaint because this is a matter for the courts.

The complaint

1. Mrs X complains about the Council’s decision to hold her liable for business rates on a property after she says the tenancy finished.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I have considered the complainant's comments and the Council's comments and Mrs X has had an opportunity to comment on the draft decision.

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What I found

4. Mrs X says that she told the Council on 16 October 2017 that her company had left the premises in Manchester. However, she heard from the Council in May 2018 that the landlord had stated the premises had been occupied by her company until March 2018. She was then told that the landlord had argued Mrs X had the tenancy until January 2018.
5. The Ombudsman considers that the courts are the appropriate body to determine liability for business rates. Mrs X had the opportunity to argue her case at the court when the Liability Order was sought. The court is an expert body and its decisions are binding on the Council.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because this is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman