Summary: We will not investigate this complaint about the Council’s decision to recover the costs of damage which it says was caused to temporary accommodation during Mrs X’s tenancy. It is not our role to determine the outcome of a claim for damages. The courts are better placed to decide legal disputes.

The complaint

1. Mrs X complained about the Council charging her £1725 for making good damage and repairs following her tenancy in temporary accommodation. She disputes the charge and says that the disrepair was caused by the conditions in the flat. She wants the Council to withdraw the charges.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says she has been charged £1725 for mould removal, re-painting and repairs to the shower and other parts of her temporary accommodation. She says she reported some of the mould issues to the Council but it failed to resolve the problems.
6. The Council says that the damage to the property amounted to over £4,000 but it has decided, as a goodwill gesture, to pay for over half the amount. It says the damage caused was due to neglect of the property by the tenant and it had to remove large amounts of rubbish as well as carrying out repairs.
7. We will not investigate this complaint now. We cannot determine how much of the disrepair was caused by the tenant over a period of years and Mrs X could have asked for a review of suitability of the property under s.202 of the Housing Act 1996 if she believed the conditions were disrepair. She could also have complained to us earlier when the repair matters arose if the Council had failed to act.

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Final decision

8. We will not investigate this complaint about the Council’s decision to recover the costs of damage which it says was caused to temporary accommodation during Mrs X’s tenancy. It is not our role to determine the outcome of a claim for damages. The courts are better placed to decide legal disputes.

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Investigator's decision on behalf of the Ombudsman