Summary: We will not investigate this complaint about the level of ground rent eligible for housing benefit. This is because the Council is not responsible for setting the level of ground rent eligible for housing benefit claims. This is the responsibility of the Valuation Office Agency and the Rent Officer.

The complaint

1. Mr X complains on behalf of his tenant, Mr Y. Mr X says the Council has delayed reaching a decision about the level of ground rent eligible for housing benefit. Mr X says the level of ground rent is much lower than other sites in the area and this is causing issues for himself and his tenants.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The level of ground rent eligible for housing benefit is set by the Rent Officer and not the Council. The Rent Officer is a function of the Valuation Office Agency. Therefore we cannot investigate this complaint.
7. The Council has asked the Rent Officer for a redetermination of the eligible rent but this was returned unchanged. It is open to Mr X and his tenants to request a redetermination if they are unhappy with the Rent Officer’s decision.

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Final decision

8. We will not investigate Mr X’s complaint because the Council is not responsible for setting the level of ground rent eligible for housing benefit claims.

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Investigator's decision on behalf of the Ombudsman