Summary: We will not investigate this complaint about the support provided to the complainant who used the Council’s rent deposit scheme. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains about the way the Council responded after she reported problems with her tenant. Mrs X used the rent guarantee scheme in 2010.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. I also considered our Assessment Code and invited Mrs X to comment on a draft of this decision.

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My assessment

4. Mrs X rented a property to a tenant in 2011. The tenancy was between Mrs X and the tenant and was for an initial period of 12 months. The tenant is still in the property. Mrs X used the Council’s rent guarantee scheme. Under the scheme the Council agreed to pay for damage caused by the tenant, up to an agreed limit, at the end of the tenancy. The Council also agreed to fast-track any housing benefit claim and said it would try to help if there were problems. The scheme does not affect the statutory duties of the landlord or the tenant.
5. Mrs X is in the process of evicting the tenant for rent arrears. She says the Council has not done enough to help. She wanted the Council to arrange mediation to avoid court action. Mrs X says the Council should pay compensation because it has not taken ownership of its tenant.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council agreed to pay for damage at the end of the tenancy. But, the tenancy is between Mrs X and the tenant and Mrs X is responsible for enforcing the terms of the tenancy. This includes taking action to evict the tenant. There is no requirement for the Council to arrange mediation and the tenant is not the Council’s responsibility. Nevertheless, the Council contacted the tenant to encourage her to pay the rent, explained the possible consequences if she did not pay and helped Mrs X to receive housing costs from Universal Credit. Ultimately, as the landlord, it is Mrs X’s responsibility to manage the tenancy, regardless of her use of the rent deposit scheme.

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Final decision

7. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman