Summary: We will not investigate this complaint about the Council leasing flats in his private housing block for use as temporary accommodation. We cannot investigate complaints about the use of public funds which affects all or most of the residents in a council’s area. We cannot investigate complaints about leasehold issues between private leaseholders and their landlords.

The complaint

1. Mr X complained about the Council renting flats from the landlord of the private housing block where he owns his own home on a leasehold. He says the Council is wasting public money due to the excessive cost of renting the flats at high cost to the taxpayer to provide temporary accommodation for homeless applicants. He also says the landlord is causing costs of insurance and the services charges to rise and the quality of life for him and other leaseholders to deteriorate along with the value of his investment in his property.

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The Ombudsman’s role and powers

2. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council’s responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council is wasting public money by renting expensive flats in his block for temporary accommodation. The Council told him that it has a duty to provide temporary accommodation under its homelessness duty and the shortage of accommodation has resulted in it having to explore all avenues to source accommodation. The Council is subject to independent audit annually and is also accountable to the Ministry for Communities, Housing and Local Government for compliance with Best Value requirements.
7. We have no jurisdiction to investigate complaints about matters which affect all or most of the people in a council’s area. Mr X is only financially affected as a council taxpayer and this funding applies to all council services provided by local taxation.
8. Mr X’s concern about his landlord leasing flats to the Council in possible breach of the leasehold conditions is a private matter between him and the landlord. If the landlord chooses to let property to the Council against Mr X’s wishes he could take court action for breaching his lease agreement or he could seek a resolution from the First Tier Tribunal Property Chamber. We cannot investigate disputes between private owners/leaseholders and their landlords.

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Final decision

9. We will not investigate this complaint about the Council leasing flats in his private housing block for use as temporary accommodation. We cannot investigate complaints about the use of public funds which affects all or most of the residents in a council’s area. We cannot investigate complaints about leasehold issues between private leaseholders and their landlords.

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Investigator's decision on behalf of the Ombudsman