Summary: We will not investigate this complaint that the Council did not respond appropriately to reports made by the complainant about her tenant. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council has not helped her after she reported that her tenant was committing benefit fraud, was not paying her rent, and had damaged the property.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

Back to top

My assessment

4. Private landlords are responsible for managing the tenancy with their tenants. The landlord is responsible for evicting the tenant and should seek payment of arrears, or the cost of damages, from the tenant. The Council cannot help private landlords evict tenants and has no duty to pay rent arrears or for any damage.
5. Ms X rents a property to a tenant. She reported to the Council that the tenant was in rent arrears, had damaged the property, and was committing benefit fraud. Ms X wanted the Council to pay the arrears and the cost of repairs and to help evict the tenant. Ms X reported she was at risk from domestic violence. Ms X has started the eviction process.
6. The Council signposted Ms X to the organisation that investigates benefit fraud. That team is investigating the report but has told Ms X it cannot share the outcome with her. The Council told Ms X it cannot help to evict the tenant. It also told her that it had paid her £2175 to cover some of the arrears and an additional amount of £500. It did this to help the tenant avoid homelessness. The Council also told Ms X it was working with the tenant to try to find alternative accommodation and had arranged for the tenant’s housing benefit to be paid direct to Ms X. The Council offered to pay the remaining arrears of £1198 if Ms X stopped the eviction process. Ms X rejected the offer and continued with possessions proceedings.
7. The Council referred Ms X’s reports of domestic violence to the police. The Council offered to provide Ms X with accommodation in a refuge. That offer remains open should Ms X choose to accept it.
8. Ms X says the Council waited four months to tell her who to report the benefit fraud to. She says the delay hindered the eviction process and means she does not have evidence of fraud to present to the court. Ms X says the Council should send the tenant to a refuge so she can have her house back.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Ms X, as the landlord, is responsible for evicting her tenant and the Council has no power to evict the tenant. Nevertheless, as part of its homelessness prevention duty, the Council paid some of the arrears and offered to pay the remaining arrears if Ms X allowed the tenant to stay. The Council correctly told Ms X that she should seek the cost of damage caused to her property from the tenant and it signposted her to the team that investigates reports of benefit fraud.
10. The Council first received reports of alleged benefit fraud on 4 January and it signposted Ms X to the appropriate organisation on 12 January; the Council could not provide an immediate response because the officer Ms X had contacted was on leave.
11. Finally, the Council reported Ms X’s reports of the domestic violence to the police and offered alternative accommodation.
12. There is nothing more I would expect the Council to do and no reason to start an investigation.

Back to top

Final decision

13. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman