Summary: Ms D says the Council failed to inform her that a property she had secured was subject to the London Living Rent in 2021. I have ended the investigation because the key events happened several years ago and Ms D should have complained to us sooner.

The complaint

1. The complainant (whom I refer to as Ms D) says the Council placed her in a social housing property with a London Living Rent (LLR) meaning she is paying more than most social housing tenants. Ms D says she was not informed at the time the property was advertised and let to her (in 2021) about the LLR.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered evidence provided by Ms D and the Council as well as relevant law, policy and guidance.
4. I shared my draft decision with both parties and considered their comments.

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What I found

What happened

5. In 2021 Ms D says she bid for an advertised Council home using the Council’s Choice Based Lettings system. She was subsequently allocated the property.
6. In 2023 Ms D complained to the Council that her home was subject to the LLR and so her rent was higher than other social housing tenants. She asked why she had been offered the property when she could not afford it. The property advert had been unclear. The Council issued its final stage complaint response in June 2023. It accepted the property advert had not been clear, but it had carried out an affordability assessment in November 2021 before awarding the tenancy to Ms D. The Council told her to pursue her complaint with the Housing Ombudsman. In March 2024 Ms D lodged a complaint with the Housing Ombudsman. It issued a decision on 16 September and said the issues about the property advert were for this Ombudsman rather than its service.
7. On 15 August 2025 Ms D complained to the Council again about her rent levels. The Council replied on 27 August. It explained that LLR was an ‘intermediate product with rents linked to Greater London Authority (GLA) benchmarks’ and rent levels would be higher than other social housing tenants. Being employed was not a criterion to consider when offering a LLR property. On 8 September Ms D told the Council she had ‘spent years researching’ LLR. She asked why the Council had not advertised the property as LLR when it was put up for allocation. On 20 October the Council sent Ms D a detailed final stage complaint response. It explained rent levels for LLR homes were set by the GLA and subject to an affordability assessment before a tenancy was awarded. The Council again accepted it had not been clear when advertising the property that it was subject to LLR and it would ensure future listings were clearer.

Reasons for my decision

8. We usually expect a complaint to be made to us within 12 months of a complainant being aware of the issue. In this case Ms D complained to the Council in 2023 and was incorrectly directed to the Housing Ombudsman in June. She did not contact that organisation for nine months and received a decision in September 2024. Whilst I appreciate that Ms D was initially directed to the incorrect Ombudsman service, she was aware by September 2024 that she should bring her case to us. Instead, she did not submit a complaint to us until 14 months later in November 2025.
9. I intend to discontinue (end) the investigation because the key events Ms D complains about happened in 2021. I do not see there is a basis to look back at events occurring several years ago. Ms D could and should have come to us sooner.

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Investigator's decision on behalf of the Ombudsman