Summary: Miss X complained the Council offered her unaffordable accommodation when her tenant did not move out of her property. She said she became homeless because she could not afford to pay for two properties. Miss X said it caused financial strain and distress. We do not find the Council at fault.

The complaint

1. Miss X complained the Council failed to provide her tenant with accommodation when they could no longer afford the rent. Miss X could not afford to pay for two properties, so she and her children became homeless. She complained the Council’s offer of homelessness accommodation was unsuitable because it was unaffordable. She said the Council then refused to offer her any other accommodation.
2. Miss X said this caused financial strain, and unnecessary and avoidable distress.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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What I have and have not investigated

7. Miss X complained the Council failed to provide her tenant with accommodation when they could no longer afford the rent.
8. I cannot investigate how the Council considered Miss X’s tenant’s homelessness. This is because the tenant has not given consent for Miss X to represent this complaint to us.
9. I have investigated how the Council handled Miss X’s homelessness.

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How I considered this complaint

10. I considered the information and documents provided by Miss X and the Council. I spoke to Miss X about her complaint. Miss X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments received before I reached a final decision.
11. I considered the relevant legislation and statutory guidance, set out below.

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What I found

What should have happened

12. A council must secure interim accommodation for an applicant and their household if it has reason to believe the applicant may be homeless, eligible for assistance and have a priority need. (Housing Act 1996, section 188)
13. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
14. When deciding whether accommodation is suitable for an applicant, a council should include considering whether it is affordable.
15. The duty to provide accommodation can end for various reasons. This includes when an applicant accepts or refuses an offer of suitable accommodation.

What happened

16. Miss X owns a property. She rented her property to a tenant.
17. In 2023, Miss X told the Council she was evicting the tenant. Miss X said she had given notice on the rental property she was living in because her tenant was supposed to have moved out. But the tenant had not moved out, so Miss X and her children were homeless.
18. Miss X complained.
19. The Council offered Miss X interim accommodation. It said she had to pay £300 per week towards the cost of interim accommodation. This was because she was not eligible for housing benefit which would have covered all or most of the cost of the interim accommodation. The Council said it would end its duty to provide accommodation if Miss X did not accept the offer of suitable accommodation.
20. Miss X refused the offer. She said she could not afford the £300 per week contribution.
21. The Council told Miss X it had ended its duty to her because she had refused an offer of suitable accommodation.
22. In its complaint response, the Council said benefits are means tested and do not take outgoings into account. It said these are the Department for Work and Pensions’ regulations, not the Council’s. It said Miss X had declared an income which meant she was not eligible for housing benefit.
23. The tenant left Miss X’s property. Miss X and her family moved back into her property.

Analysis

Unsuitable accommodation offer

24. Miss X complained the Council’s offer of homelessness accommodation was unsuitable because it was unaffordable.
25. Miss X said she refused the Council’s offer of accommodation because she could not afford the £300 contribution she was asked to pay.
26. The Council said applicants need to claim for housing benefit to help cover the cost of interim accommodation. It said if an applicant is not entitled to housing benefit, they must contribute to the cost of interim accommodation.
27. The Council is entitled to tell applicants they need to contribute towards the cost of interim accommodation if they are not eligible for housing benefit.
28. Miss X was not entitled to housing benefit because of her income. This meant this Council had a right to ask Miss X to contribute towards the cost of interim accommodation. Miss X could not afford to pay that contribution. This does not mean the accommodation was unsuitable.
29. I find no fault with the Council.

Refusal to offer further accommodation

30. Miss X complained the Council refused to offer her any other accommodation, after she had refused the first offer.
31. The Council decided its offer of interim accommodation was suitable. So, when Miss X refused the offer, the Council ended its duty to Miss X. The Council had a right to do this.
32. The Council therefore had no duty to offer Miss X any other accommodation.
33. I therefore do not find the Council at fault.

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Final decision

34. I have completed my investigation. I do not uphold Miss X’s complaint. This is because there is no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman