Summary: We will not exercise discretion to investigate this complaint about the Council’s decision to terminate a joint tenancy when one party gave it notice to quit. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We have no jurisdiction to investigate complaints about the management of tenancies by social housing landlords.

The complaint

1. Mr X complained about the Council’s decision in 2023 to terminate the joint tenancy he held with his wife when she signed a notice to quit which dissolved both parties interests. He says he was made homeless as a result of this decision.

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The Ombudsman’s role and powers

2. 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)
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 the complainant and the Council’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council accepted his wife’s decision to terminate their joint tenancy in 2023 which resulted in him being excluded from returning to his home. He says he has been homeless since that time and the Council has not found him alternative accommodation.
7. We will not investigate this complaint which was received outside the normal 12-month period for considering complaints. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
8. We have some discretion to consider older complaints in some circumstances but this would not apply to Mr X’s complaint. This is because we have no jurisdiction to investigate complaints about tenancy decisions made by social housing landlords and the law prevents us from doing so. The Council advised Mr X to complain to the Housing Ombudsman in 2023 and this is the correct body to investigate tenancy matters.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s decision to terminate a joint tenancy when one party gave it notice to quit. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We have no jurisdiction to investigate complaints about the management of tenancies by social housing landlords.

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Investigator's decision on behalf of the Ombudsman