A landlord who was taken to court for non payment of the council tax bill, says he is ‘prepared to go to prison’ in order to ensure that a council department will finally take on the responsibility for his property, that cannot be rented out and is virtually uninhabitable.

The landlord 69 year old Bruce Woodall, appeared at Banbury Magistrates’ Court earlier this month, facing the charge from Cherwell District Council of non-payment of council tax bills, which he has adamantly refused to do so.

Woodall has not paid the bill because his property is not fit for use as a rentable property since a Chinese takeaway was granted permission to open up next door. He claims that the noise and excessive smell from the establishment since November 2012, has rendered the property useless for renting out.

The takeaway's large extractor chimney was installed next to the main bedroom of the landlord's property, after receiving planning permission from the council.

 Mr Woodall, defended himself in court and slated the council planning department's  ‘ineptitude’ for granting permission for the chimney in the first place.

He said: “The council has a duty of care not to put me at financial disadvantage because of its inept planning department. Nobody wants to take responsibility for their actions so somebody has to stand up.

“I’m quite prepared to go to prison for it because somebody has to take responsibility. I’m not paying until this is resolved.”

Mr Woodall had previously appeared at court this year in February, when the council was awarded a liability order against the landlord for the outstanding council tax bill for the 2013/ 2014 financial year. He also received an order to pay £100 costs.

The magistrates that Woodall and the council should arrange a meeting with a senior planning officer accompanied by an environment health representative. In the meeting the representatives held their hands up to the fact that no-one from the council had visited the backyard, as they felt the applicants word who said it was ‘big enough’.

Sandra Madeley the council's recovery team leader, who was responsible for the prosecution said: “Council tax cannot be withheld.

“Should the defendant have a complaint it is for the defendant to proceed though the relevant council department’s complaints process and the Local Government Ombudsman.”

In the latest court hearing the landlord received a second liability order for outstanding council tax bills relating to the 2014/ 2015 year, he also has to pay an additional £100 costs.

Mr Woodall has requested the  Valuation Office Agency to remove the property from the valuation list.

Carole Gibbs, chairman of the bench, said: “The liability order still stands but we believe that this should be reviewed when the property is being revalued.

“The hope was that the meeting may have resolved some things but that did not happen so now we have to go through the revaluation.

“If the revaluation shows the property may be uninhabitable then it needs to be made habitable.”

Gibbs told Ms Madeley that:“ The liability order stands providing the valuation officer says everything is OK.

“If there’s any change you need to bring it back to court,” she added.