The Ombudsman's final decision
Summary: We will not investigate this complaint about Mrs X’s private tenant failing to pay rent. This is because the Council is not at fault.
The complaint
Mrs X says the Council recommended a tenant to rent her property. She says she was left with six months’ worth of rent arrears by the tenant that the Council is responsible for.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide we are unlikely to find evidence of fault by the Council. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant. I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s complaint is made in the context of the Council’s Direct Letting Team referring a tenant to rent her property. And on a few occasions, it seems the Council made discretionary housing payments to her tenant.
The Council advised Mrs X she had the right to enforce her tenancy contract with her tenant as the Landlord.
We will not investigate. This is because we are unlikely to find evidence of fault. The Council is not responsible for the rent arrears left by Mrs X’s private tenant.
Final decision
We will not investigate Mrs X’s complaint because we are unlikely to find evidence of fault.
Investigator's decision on behalf of the Ombudsman