London Borough of Croydon (22 005 690)

Category : Benefits and tax > Housing benefit and council tax benefit

Decision : Upheld

Decision date : 10 Aug 2022

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint the Council delayed dealing with his notification of a rent increase and failed to refer the increase to the rent officer. We are satisfied the Council has taken appropriate action to remedy any injustice mainly by ensuring the full rent increase is covered.

The complaint

  1. Mr X complains the Council delayed with his January 2022 notification that his landlord was increasing his rent from the end of February by £122.60 per month. Mr X complains the Council failed to send the increase in rent to the rent review officer claiming that it could not re-refer in the same year. Mr X says the previous rent increase, some years ago, was handled differently. Mr X says although the Council has agreed to cover his rent by a discretionary housing payment he wants it referred to the rent officer. He says the Council should apologise for how it dealt with the issue and for his distress. He says the landlord made it clear he would issue an eviction notice if the rent was not fully paid. Mr X says the Council should change its policy and include better information about the rent officer in housing benefit letters.

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The Ombudsman’s role and powers

  1. 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 or may decide not to continue with an investigation if we are satisfied with action a council has taken or proposes to take.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant including the Council’s reply to his complaint dated 17 June.

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My assessment

  1. I will not investigate this complaint for the following reasons:
  2. I am satisfied the Council has taken appropriate action to remedy any injustice to Mr X and to prevent him having a problem with his rent. There is insufficient remaining injustice to investigate.
  3. The Council has:
      1. Apologised to Mr X for the delay in explaining the position with the rent officer referral. The Council acknowledges it delayed dealing with Mr X’s information that the rent would increase at the end of February due to a backlog of cases.
      2. Decided to make discretionary housing payments covering the increase in the rent from the start date. The Council is covering the increase for 12 months until the rent officer reviews the case next year. Payments had started by the time the Council replied to the complaint in June.
      3. Written to the landlord regarding future rent increases to avoid a repetition of the situation/problem.

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Final decision

  1. The Ombudsman will not investigate Mr X’s complaint the Council delayed dealing with his notification of a rent increase and failed to refer the increase to the rent officer. We are satisfied the Council has taken appropriate action to remedy any injustice mainly by ensuring the full rent increase is covered.

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Investigator's decision on behalf of the Ombudsman

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