Summary: We will not investigate this complaint about the council tax empty homes premium because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council has charged the council tax empty homes premium on a property he has not owned for a year. Mr X wants the Council to remove the charge or award the single person discount (SPD) from the date he bought the property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and our Assessment Code.

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My assessment

4. Mr X bought a property in February 2024. He arranged renovation work and did not move in. The Council charged the empty homes premium from October.
5. In response to his enquiry the Council explained the property was empty for a period before Mr X bought the property. It said he could apply for the SPD when he moves in.
6. The law allows councils to charge extra council tax (the premium) once a property has been empty and unfurnished for at least 12 months. Liability for the premium depends on how long a property has been empty, regardless of ownership. A new owner can be liable for the premium from day one if the property has already been empty for at least 12 months.
7. People who live alone in a property are eligible for the SPD. The SPD cannot be awarded for an empty property or when the applicant has not moved in.
8. Mr X can notify the Council when the property is no longer empty and claim the SPD when he moves in.
9. I will not start an investigation because the Council has correctly explained why Mr X is liable for the premium and why he cannot get the SPD until he is living in the property.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman