Summary: Mr X complained about the Council’s failure to take action to recover rent deposit and advance rent payments after he was assaulted by his landlady in 2019. We should not exercise discretion to investigate this complaint. This is because it concerns matter which he was aware of prior to the 12-month period for accepting complaints.

The complaint

1. Mr X complained about the Council failing to recover a rent deposit and advanced rent payments which it paid to his landlady who assaulted him in 2019, forcing him to leave and make a homeless application to the Council.
2. He says additional rent in advance was paid out of his Universal Credit housing element and this is being recovered from his benefit by that body.

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The Ombudsman’s role and powers

3. 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

4. I have considered all the information which Mr X submitted with his complaint. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Mr X says he was assaulted by his landlady in April 2019. He left the property and was offered temporary accommodation by the Council. He says the Council failed to recover a £400 rent deposit which it paid to the landlady under a scheme. The Council told him that the payments were a discretionary grant and could not be recovered. He also complained about the advice given to him by a housing officer when dealing with the police.
6. He says additional rent in advance was paid out of his Universal Credit housing element and this is being recovered from his benefit by that body. The Council wrote to Mr X in May 2019 and advised him to contact a Citizens Advice Bureau or legal centre because it could not comment on actions by Universal Credit.
7. Mr X made a further complaint to the Council and in June it closed his complaint and advised him to complain to the Ombudsman. He did not submit a complaint to us until January 2021 which is outside the normal 12-month period for receiving complaints.
8. We will not exercise discretion to investigate now because there is insufficient evidence of fault which would warrant an investigation. Mr X says he was working abroad from 2019 to 2020 but he could have made a complaint to us online in this period.

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Final decision

9. We should not exercise discretion to investigate this complaint. This is because it concerns matter which he was aware of prior to the 12-month period for accepting complaints.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman