Summary: Ms X complains about the costs the Council has recovered from her for its actions in clearing waste accumulated by Ms X’s tenant. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has treated her unfairly in recovering costs from her for work it carried out in clearing away waste and mess from the garden of the property she rents out to a tenant.

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The Ombudsman’s role and powers

2. We investigate 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council, including the Council’s responses to the complaint.
4. I considered the Ombudsman’s Assessment Code.
5. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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My assessment

6. Ms X owns a property which she rents out to a tenant. The tenant allowed waste and mess to accumulate in the garden of the property and, as it was not cleared, the Council gave notice to Ms X, as the landlord, that it would clear the waste and charge her for doing so.
7. Ms X complained to the Council about its decision to charge her when she had been making all efforts to try and resolve the problems her tenant was causing. While sympathetic to Ms X, the Council explained that as the owner of the property, she is ultimately responsible for ensuring the property, including the garden, is kept in a clean and sanitary condition.
8. I understand Ms X feels she has been charged unfairly but she rents out her property as a business and she is a landlord with legal rights and responsibilities. Her relationship with her tenant is a civil matter and she may want to seek legal advice about the landlord/tenant problems she is experiencing. I have seen no evidence to suggest there has been fault by the Council.
9. In responding to my draft decision, Ms X says she gave her tenant a clean home to live in and that she is having to pay to clear up his mess. This is clearly an upsetting situation for her but it does not change the fact that, as a landlord, she has responsibilities. If she wants to try and resolve the situation caused by her tenant then it is open to her to seek legal advice.

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Final decision

10. We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman