Summary: Miss X, a landlord, complained about the Council’s actions relating to her property, which it rented to use as temporary accommodation. We have decided not to investigate this complaint. This is because we are unlikely to find that fault by the Council has caused the injustice Miss X has experienced.

The complaint

1. Miss X complained the flat she owns, which was rented out by a third-party agent to the Council to use as temporary accommodation, was overcrowded and the Council did not intervene soon enough. The household kept a pet without permission and caused significant damage to the property. This led to Miss X having to pay a significant amount to repair damage when the household moved out, which she believes the Council should pay.
2. Miss X also complained about how the Council handled her complaint, saying it delayed and contradicted itself.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained.

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

4. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered the information Miss X provided when she complained to us.
6. Miss X had the opportunity to comment on a draft version of my decision.

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What I found

7. Miss X owns a property, which the Council rents via a third-party agent. The Council uses the property as temporary accommodation for its service users.
8. Miss X raised concerns with the Council in early 2019 about the household that was living in the property. She raised several points, including the household was responsible for anti-social behaviour, was overcrowded and had a pet which she had not given permission for. The Council investigated and decided to move the household, as it agreed they were overcrowded.
9. The Council sent Miss X an invoice for £3,600 of repairs after the household moved out of her property. Miss X believes the Council is responsible for paying this, because it placed the household in her property. Miss X was distressed by the amount of damage and the cost of this.
10. The Council’s contract is with the third-party agent, and Miss X’s contract is also with the agent. It is reasonable to expect those contracts to make explicitly clear which party is liable for the cost of damage caused by the household. The Council did not cause the damage. The third-party agent has responsibility for inspections and dealing with repairs on Miss X’s behalf. It is not clear whether a deposit was paid or whether Miss X took out landlord insurance which would cover the damage, however these issues would have been for Miss X to explore before entering into any agreement.
11. It is open to Miss X to seek legal advice to consider seeking compensation through the courts. Her complaint relates to the terms of the contracts her agent holds with her and the Council. This is not a matter the Ombudsman should investigate.
12. Miss X also complained about how the Council considered her complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we have also decided not to consider that part of Miss X’s complaint.

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Final decision

13. The Ombudsman has decided not to investigate this complaint. This is because we are unlikely to find fault by the Council which has caused the injustice Miss X has experienced. It is open to Miss X to seek legal advice to consider issuing proceedings in court to claim compensation.

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Investigator's decision on behalf of the Ombudsman