Summary: We cannot investigate this complaint about the Council’s decision to end the complainant’s tenancy and seek possession of the property. This is because we have no power to investigate a council when it is acting as a landlord.

The complaint

1. The complainant, Mr X, complains about the Council’s decision to end his tenancy and start possession proceedings through the courts. Mr X says the Council is failing to prevent him from being homeless and is abusing tenancy law.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence and a letter ending the tenancy. I also considered our Assessment Code.

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My assessment

5. Mr X was a joint tenant of a home he rented from the Council. The other joint tenant served a notice to quit on the Council. The Council told Mr X that this ended the tenancy for both tenants. The Council ended the tenancy and asked Mr X to leave. The Council has applied for possession and there is a court date later in the year.
6. In response to his complaint the Council apologised for some poor communication from the housing team but explained that if a joint tenant ends a tenancy then the tenancy comes to an end for both tenants. The Council signposted Mr X to sources of support to find a new home and suggested he seek legal advice about the possession proceedings.
7. The Council told me Mr X has not approached the homelessness service for advice or help.
8. Mr X wants to continue with the tenancy. He pays the rent and the property is suitable for his needs. Mr X says the Council’s actions will make him homeless.
9. The law says we cannot investigate any matter that relates to the Council acting as a landlord and making housing management decisions. The decisions to end the tenancy, and start possessions proceedings, were housing management decisions made by the Council acting as a landlord. I appreciate Mr X is facing the loss of his home but we have no power to start an investigation and cannot get involved.

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Final decision

10. We cannot investigate this complaint because we have no power to investigate a council when it is carrying out housing management functions and acting as a landlord.

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Investigator's decision on behalf of the Ombudsman