Summary: Mr X disputes liability for Business Rates on a property. The Ombudsman will not investigate this complaint because this is a matter for the courts.

The complaint

1. Mr X disputes liability for Business Rates on a property.

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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 comments of the complainant and the Council’s responses to the complaint. The complainant had had an opportunity to comment on the draft decision.

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What I found

4. Mr X says that a property he owns was rented by a tenant who left in January 2018 but did not vacate the property until June 2018. The Council decided that this was liable for Business Rates from February to June 2018.
5. Mr X continues to dispute this decision but the Council says that the evidence he produced is not sufficient to alter their view about liability.
6. Only a court can determine legal liability for Business Rates where there is a dispute. Should the Council enforce the debt against him, Mr X will have the opportunity to provide evidence to dispute such liability in court.

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Final decision

7. I do not intend to investigate this complaint because this is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman