Summary: We will not investigate this complaint about the Council’s alleged failure to properly advise Mrs X about her housing situation. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complained that the Council failed to properly advise her when she received a section 21 notice from her landlord.
2. She said she has been put to significant financial loss due to the Council’s actions.

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The Ombudsman’s role and powers

3. 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 decide:

• there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X contacted the Council when her landlord issued her with a section 21 notice to vacate her home.
7. The Council spoke to Mrs X’s landlord and determined that the landlord did not have the required notice for the home, making the section 21 notice invalid. The Council advised Mrs X to challenge the notice for this reason.
8. Following this, Mrs X’s landlord obtained the correct licence and served the section 21 notice again. Mrs X challenged this notice also and attended several court hearings. At the final hearing the court ruled Mrs X should pay her landlord's costs incurred in obtaining the notice, which was over £3000.
9. Mrs X wants us to find the Council at fault for misadvising her. The evidence shows the Council gave Mrs X information that was correct at the time. It is not for the Council to provide legal advice, it was open to Mrs X to seek legal counsel who could have advised her of the consequences of challenging a valid section 21 notice.

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Final decision

10. We will not investigate Mrs X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman