The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about whether the Council misled him over its letting scheme and is responsible for damage to his property. Part of the complaint is late and if he believes the Council is liable for damage to the property, it is reasonable for him to seek a remedy by way of an insurance claim and the courts.
The complaint
Mr X complains the Council misled him when he let his property via its scheme connecting landlords and tenants. He says the tenant introduced to him by the Council in 2020 left the property with rent arrears and had caused considerable damage. He wants the Council to reimburse him for renovations completed before the tenant moved in and damage caused by the tenant.
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 has done. (Local Government Act 1974, sections 26B and 34D, as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2020 Mr X let his property to a tenant introduced to him by the Council via its scheme connecting landlords and prospective tenants. Mr X renovated the property before the start of the tenancy. He says the Council advised him to do this to meet its required rental standards.
The tenancy ended in 2023 with the tenant owing £440 in rent arrears. Mr X also discovered damage to the property and reports of anti-social behaviour from neighbours.
Mr X complained to the Council in 2023. He said the Council had told him he needed to renovate the property and he had assumed it was responsible for its management. He asked the Council to reimburse his costs. The Council refused. It said any decision to renovate the property was a private one and both its agreement and website made it clear it was not responsible for the management of the property or any damage caused by tenants in excess of the deposit.
We will not investigate a complaint about the Council’s actions in 2020. If Mr X believed the Council misled him at that time, he could have approached us sooner. Any complaint about the Council’s actions at this time is late. There is no good reason to exercise discretion to investigate it now.
We will also not investigate Mr X’s claim for damage to his property. The Ombudsman cannot determine liability or decide whether the Council should pay Mr X compensation for damage to the property. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons claiming damages they believe were caused by a council to submit an insurance claim against the Council. This will then be treated as a claim and passed on to its insurers or legal team for a response on liability.
If the Council does not accept liability, it is reasonable to expect Mr X to take the matter to court. Only a court can decide whether the Council is liable and whether it should pay damages.
Final decision
We will not investigate Mr X’s complaint because part of it is late and it is reasonable for him to seek a remedy by way of an insurance claim and the courts if no liability is accepted by the Council.
Investigator's decision on behalf of the Ombudsman