Summary: We will not investigate Mr X’s complaint about the Council’s housing policy and advice it gave Mr X’s tenant about her housing situation. This is because there we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council failed to rehouse his tenant Ms Y after he issued her with a section 21 notice giving her two months to vacate his property. He further complained the Council advised Ms Y not to leave the property, forcing him to go to court to procure a possession order.
2. Mr X said he has been caused financial loss and stress due to the Council’s actions.

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The Ombudsman’s role and powers

3. 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

My assessment

6. Mr X served his tenant, Ms Y with a section 21 notice, giving her two months’ notice and making her aware he intended to sell the property.
7. Mr X says Ms Y was unable to find suitable accommodation and approached the Council for housing assistance. Mr X says Ms Y told him the Council advised her not to leave the property until Mr X sent her a possession order informing her she was to be evicted or she would be making herself intentionally homeless and would not qualify for housing assistance.
8. Mr X went to court to apply for a possession order and Ms Y left the property.
9. Mr X complained to the Council because he felt its policy forced him to pay for a possession order and caused conflict between him and Ms Y. The Council told Mr X its policy required it to offer housing assistance to applicants who had been served a section 21 notice.
10. Mr X wants us to find the Council at fault because he felt forced by its policy to go to court for a possession order. The Housing Act 1996 requires local authorities to offer housing assistance to residents threatened with homelessness if they have been served with a valid section 21 notice. The Council has confirmed its policy is in line with the law and having reviewed the evidence we are satisfied the Council provided advice which was also in line with the law.

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Final decision

11. We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman