Summary: The Ombudsman cannot investigate Ms B’s complaint about a rent advance refund. The Ombudsman cannot investigate complaints about the Council in its role as a provider or manager of social housing.

The complaint

1. The complainant, whom I shall refer to as Ms B, complains the Council has refused to refund a rent advance to her.
2. Ms B wants compensation for financial loss and distress caused.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I have considered the information shared by Ms B. I gave Ms B the opportunity to comment on a draft of this decision.

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What I found

Background

6. Camden Living Limited is a Council owned provider of affordable rented housing. It rents its homes below market rent but above social rent levels. It sets its rents to enable local residents working in certain professions to be able to afford to rent locally.
7. Ms B and her friend, Ms X, agreed to rent a flat owned and managed by Camden Living on a joint tenancy. Ms B was due to move into the flat a week after Mrs X. But Ms B said she was unable to move in as planned because of Ms X’s medical condition and a breakdown in relations between her and Ms X.
8. Ms B informed Camden Living she could not move in and explained the reasons why. She asked for it to cancel her tenancy and refund the amounts she paid for the deposit and rent advance.
9. In its responses Camden Living agreed to refund Ms B’s deposit and not charge rent for the period after she were due to move in. However, it refused to refund the rent advance she paid. Ms B is unhappy with this decision and says she has not been given reasons why the rent advance will not be refunded. She wants the refund and compensation for the distress caused.

Assessment

10. Camden Living is a limited company owned by the Council. It is set up to provide social housing at affordable rents to eligible local residents. But the law says the Ombudsman cannot investigate complaints about the Council in its role as a provider or manager of social housing. As a result we are unable to investigate Ms B’s complaint.

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Final decision

11. The Ombudsman cannot investigate this complaint about a rent advance refund. This is because the Ombudsman cannot investigate complaints about the Council when it is acting as a provider or manager of social housing.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman