Summary: We will not investigate this complaint about the Council’s handling of housing matters related to Ms X’s ex-tenant. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council should compensate her for losses she incurred as a result of the behaviour of her ex-tenant who owed rent arrears and damaged Ms X’s property.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X owns a property which she rented out to a tenant. The tenant caused problems for Ms X, including non-payment of rent and damage to the property.
6. Ms X took legal action to evict Ms X and as the tenant had approached the Council as homeless, it made enquiries in connection with the tenant’s application and told Ms X about the legal process of eviction which requires a possession order from the courts.
7. Ms X complained to the Council that she had been told the Council would pay her tenant’s arrears and rehouse the tenant if she was evicted. The Council explained its legal duties in relation to homelessness and advised Ms X that it could not help her with matters of rent arrears and damage to her property. It suggested she seek advice from her solicitors and contact her insurance company.
8. It is clear Ms X has been caused great upset and stress by the behaviour of the tenant. However, the actions of the tenant are not the actions of the Council and I have seen no evidence to suggest the Council has been at fault in its handling of the case sufficient to warrant an investigation by the Ombudsman.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman