London Borough of Redbridge (23 006 475)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to repay the complainant all rent arrears owed by a tenant who is claiming Universal Credit for her housing costs. The remaining outstanding rent is a legal tenancy matter and it is reasonable to seek a remedy by way of the courts.
The complaint
- Mrs X complained about the Council’s failure to accept responsibility for a tenant she placed in her accommodation. She says she is owed over £5,000 in rent arrears and that neither the Council nor the Department for Work and Pensions(DWP) will accept they are at fault.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered the information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X rented a property to a tenant in 2021 whom the Council had an arrangement to provide support in making a claim for Universal Credit. The Council failed to do so for the first four months of the tenancy resulting in rent arrears. Mrs X made a formal complaint and the Council accepted that it had failed to ensure the claim was submitted promptly.
- The Council agreed to pay the four months rent which amounted to £3,400. Mrs X says she was later informed by the DWP that the application was not fully completed by the claimant and that it would not backdate payment for the housing element for the whole period leaving over £5,000 arrears outstanding. Mrs X asked the Council to pay the outstanding amount because it was due to its error.
- The Council told her that it does not accept responsibility for any errors or omissions on the Universal Credit claim because although it can give advice it cannot complete the form for the tenant who has capacity and responsibility for paying the rent and informing the benefits agency. The DWP agreed to make the housing payments direct to the landlord when Mrs X raised the matter but it will not repay a backdated amount. It advised her to seek a remedy against the tenant in the courts for the unpaid rent.
- The Council accepted that it had delayed ensuring an application for Universal Credit was submitted promptly by the tenant as it had agreed to do. This delay was compensated by the rental payment which it made to Mrs X. the Council could not complete the form for the tenant but only ensure that it was sent to the DWP. The responsibility for making a correct statement of facts in the claim remained that of the tenant.
- Mrs X is a private -sector landlord and it reasonable for her to seek a remedy in the courts to recover the arrears from the tenant with whom she has a legal contract.
Final decision
- We will not investigate this complaint about the Council’s failure to repay the complainant all rent arrears owed by a tenant who is claiming Universal Credit for her housing costs. The remaining outstanding rent is a legal tenancy matter and it is reasonable to seek a remedy by way of the courts.
Investigator's decision on behalf of the Ombudsman