Summary
We will not exercise discretion to investigate this complaint about Mr X’s complaint about the Council failing to help him evict a tenant whom it referred to him under a previous scheme. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complained about the Council’s failure to assist him in evicting a tenant from his rented property. He says the Council referred the tenant to him under a previous scheme involving private landlords and it is obliged by its agreement to help him to remove the tenant who has behaved unreasonably and caused repair and rental problems.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he housed a tenant referred to him under a scheme operated by the Council to assist with housing homeless families in the private sector. In 2020 he complained to the Council about the behaviour of the tenant and the problems being caused to neighbours. He believes the tenant may be involved in criminal activity.
He says the Council had an agreement with him that it would manage the tenant’s behaviour and he wanted assistance to remove them from his property. Because he received no assistance, he says he had to seek an injunction against the tenant to allow his contractors to carry out repairs and he has lost income. He complained again in January 2021 and met with officers and councillors in 2022 to discuss his problems.
The Council says the scheme ceased some years ago and that it only concerned vetting and referral of tenants. The tenancy agreement is between the landlord and the tenant and they have responsibilities under landlord and tenant legislation as with any other tenancy. The Council says it gave advice to Mr X when he approached it in the past and made it clear that he may only use the proper legal procedure for seeking possession of his property.
It is clear that Mr X was aware of problems with his tenant as long ago as 2020 and he could have complained to us within 12 months if he was dissatisfied with the response. There is no evidence to suggest that Mr X could not have complained to us sooner. However, if he had done so he would still have been required to use the legal procedure to evict the tenant.
Final decision
We will not exercise discretion to investigate this complaint about Mr X’s complaint about the Council failing to help him evict a tenant whom it referred to him under a previous scheme. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman