The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s advice to Ms X’s ex-tenant in connection with Ms X’s legal action to end a private tenancy. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Ms X complained about advice given by the Council to her ex-tenant. She says the Council failed to follow government homelessness guidance and she has suffered financial loss requiring compensation.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or Further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A (6), as amended, section 34(B))
How I considered this complaint
I considered the information provided by the complainant and the Council’s responses.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X is a private landlord who says she suffered financial loss in the form of unpaid rent and legal fees incurred when ending her ex-tenant’s occupation of her rental property.
Ms X says the Council failed to follow the government’s homelessness code of guidance to not adopt a blanket approach by informing tenants to remain in situ until legally evicted. She also complains the Council failed to contact her as a landlord and failed to provide appropriate advice and assistance to her ex-tenant.
The Council told Ms X that it could not discuss any aspect of her ex-tenant’s case without their consent due to the General Data Protection Regulations. It also advised Ms X there was no indication it failed to follow any government guidance.
As a private landlord, Ms X has recourse to the courts to recover any unpaid rent and costs due from her ex-tenant. There is no obligation on the Council to cover Ms X’s financial losses.
Final decision
We will not investigate this complaint about the Council’s advice to Ms X’s ex- tenant. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman