Summary: We will not investigate this complaint about the Council charging for a period in temporary accommodation when Mr X says he had vacated but he retained the keys to the property. Further investigation would not lead to a different outcome in this case.

The complaint

1. Mr X complained about the Council charging him for additional weeks of rental liability after he gave his notice to quit temporary accommodation. He says he has been invoiced for £1,400 for the period when he retained the keys but had already vacated the accommodation. He wants the Council to cancel the charge which he says is disproportionate.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X was living in temporary accommodation and the Council offered him a social housing tenancy which he accepted. He gave written notice that he would be vacating the accommodation by 2 February 2026 and he says he did this. However, the Council says that he did not return the keys until 25 February and so it sent him an invoice for £1,392.
6. Mr X had the keys and therefore had access to the accommodation until 25 February. If the Council or the landlord had arranged for the locks to be changed it would have been risking breaching landlord and tenant legislation by ending his occupation.
7. Tenancy matters are legal agreements and the Council believes Mr X was liable for the rental payment until the keys were returned. Only the courts can determine disputes about legal tenancy matters and any further investigation would not produce a different outcome to this complaint.

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Final decision

8. We will not investigate this complaint about the Council charging for a period in temporary accommodation when Mr X says he had vacated but he retained the keys to the property. Further investigation would not lead to a different outcome in this case.

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Investigator's decision on behalf of the Ombudsman