Summary: We will not exercise discretion to investigate this complaint about the rental charge of a property let through a key worker arrangement with the Council in 2019. This complaint which 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 .

The complaint

1. Mr X complained about the rental for a key worker property which he signed a tenancy for in 2019 following assistance by the Council. He says he believes he should have been eligible for a 40% market rate rent instead of the 70% which has been charged since 2019. He believes the Council should re-imburse him for the rental difference.

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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. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the landlord’s responses.
5. I have considered the Assessment Code.
6. My assessment

We will not investigate this complaint about a matter which the complainant was aware of in August 2013 or earlier. The time for receiving complaints is from when someone became aware of the matter they wish 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.

7. Mr X says the property which he was renting as a key worker for the Council was let to him under misleading circumstances in 2019. He says he believes the tenancy should have been on a basis of 40% of the market rent but that he has paid 70% of the market rent until he left in 2023. Mr X raised the matter with the Council’s housing rental subsidiary in 2023 but he has not received a satisfactory outcome.
8. The tenancy agreement is not directly with the Council and is not with a registered social landlord. Only the courts can determine disputes between tenants and their landlords over the terms of tenancy agreements.

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Final decision

9. We will not exercise discretion to investigate this complaint about the rental charge of a property let through a key worker arrangement with the Council in 2019. This complaint which 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.

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Investigator's decision on behalf of the Ombudsman