The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s homelessness support to his tenant because it was reasonable for him to take legal action to enforce his property rights. We cannot investigate the complaint about what happened in court.
The complaint
Mr X complained about the Council’s advice and support to his tenant, and its failure to consider his own circumstances. Mr X said the Council’s failings caused him stress and financial losses.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
What happened Mr X let a property to Ms Y. When she died, her partner, Mr Z, and children remained in the property. Mr X said Mr Z did not have a tenancy or pay any rent and he caused deliberate damage to the property.
In its complaint response, the Council confirmed it was giving advice and support to Mr Z. It had also asked Mr X to carry out some essential repairs to the property. Mr X said the Council had supported Mr Z in court to delay the eviction.
My assessment
Depending on the circumstances, councils may have a duty to support those who are homeless or threatened with homelessness. This can include advising them they can legally remain in the property until court action has been taken to evict them. Any homelessness duty is owed to the homeless applicant, not the landlord. It is reasonable for landlords to seek legal advice and take appropriate court action to enforce their property rights. For this reason, we will not investigate the Council’s actions in relation to the homelessness application.
Mr X also complains about the Council’s actions during the court action for possession. The law says we cannot investigate complaints about what happens in court. Therefore, we cannot consider this part of the complaint further.
Final decision
We will not investigate Mr X’s complaint because it was reasonable for him to take court action to enforce his property rights and because we cannot investigate what happens in court.
Investigator's decision on behalf of the Ombudsman