Summary: We will not investigate this complaint about the Care Provider not paying rent. The matter is best considered by the courts.

The complaint

1. Ms X complained the Care Provider did not pay rent to her for a tenancy it sublet from her tenant. She says she had to take the matter to court to evict the Care Provider. She says it left the property in a bad condition and owes more than £15,000 in rent arrears. She wants the provider to pay her the rent it owes.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X is a landlord. She says her tenant sublet her property to the Care Provider, but when she cancelled the tenant’s tenancy, the Care Provider did not pay her rent directly. She says she went through costly and lengthy court proceedings to evict it and she has not received payment for the outstanding rent.
6. This is a matter best considered by the courts, or Ms X’s landlord insurance, rather than the Ombudsman. We cannot decide whether the Care Provider owes Ms X money for rent. Only a court can make decisions on the validity of any agreements and compel the Care Provider to pay Ms X. It is open to Ms X to seek legal advice and contact her insurer.

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Final decision

7. We will not investigate Ms X’s complaint because it is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman