Landlord forced to pay council tax after car was clamped
A landlord forced to pay £3,000 after his car was clamped by bailiffs was not told he could appeal a decision on unpaid council tax, a local government watchdog has found.
The Local Government and Social Care Ombudsman has criticised Sandwell Council for failing to inform ‘Mr C’ of his right for a tribunal hearing after rejecting his claims he should not have to pay £2,922 for a house he rented out.
The dispute over who was responsible for paying the council tax began in 2016 when the landlord said the tenants should pay the charge.
He also claimed he should not have to pay for 2017 because he sold the property in April that year saying the bill should go to the new owners.
After rejecting his claims, Sandwell began legal action in June 2018 which led to bailiffs going to his home in December and clamping his car, forcing Mr C to pay the disputed bill.
Mr C later complained to the council disputing his liability and provided evidence showing when he sold the property.
Saying the council had failed to properly consider his complaint, the independent watchdog said he did not have the power to decide if the landlord should pay the bill, but he added: “Mr C says he was not made aware of his right of appeal.
“The council has confirmed it cannot provide evidence that it notified Mr C of his right of appeal to the Valuation Tribunal Service.
“On balance, I consider the council did not do so which is a significant fault or certainly failed to keep an adequate record which would also be fault.”
Sandwell Council has now agreed to pay Mr C £100 compensation and to look at his case again.
A spokesman said: “The council notes and accepts the findings of the Ombudsman. The council acknowledges that it fell short of its usual high standards of service and has taken steps to avoid a recurrence.”
