London Borough of Havering (19 014 050)

Category : Housing > Managing council tenancies

Decision : Closed after initial enquiries

Decision date : 22 Jan 2020

The Ombudsman's final decision:

Summary: The Ombudsman cannot investigate this complaint about a refund to the complainant’s rent account. This is because the Ombudsman has no power to investigate a council when it is acting as a landlord.

The complaint

  1. The complainant, whom I refer to as Mr X, says the Council has not given the correct refund after he identified his rent has wrongly included a charge for cable TV. He also complains of rudeness and questions the accuracy of his rent account.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

  1. I read the complaint and the Council’s response. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

  1. Mr X signed a council tenancy in 2003. Since 2003 his home has never had cable TV.
  2. In 2019 Mr X realised his rent included a charge for cable TV and had done so since the start of the tenancy. The Council provided a refund of £310. It said Mr X was not due any more money because, for some periods, the TV charge was covered by housing benefit.
  3. Mr X says he is due a refund of about £1200. He disputes the amount paid by housing benefit is as much as the Council says. Mr X also says officers have been rude when he has queried this issue and he doubts the accuracy of his rent account.

Assessment

  1. The law says the Ombudsman cannot investigate any complaint which involves the Council acting as a landlord. The Council was acting as a landlord when it calculated the amount of the refund and in relation to the handling of Mr X’s concerns and the accuracy of his rent statement. This means I have no power to investigate Mr X’s complaint.

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Final decision

  1. I cannot start an investigation because I cannot investigate the Council when it is acting as a landlord and carrying out housing management functions.

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Investigator's decision on behalf of the Ombudsman

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