Summary: We will not investigate this complaint about a dispute over an agreement between the Council and a private landlord. It is reasonable for the Mrs X to seek a remedy in the courts if she believes the Council has breached the agreement.

The complaint

1. Mrs X complained about the Council’s poor vetting process when it recommended tenants to her under the Private Landlord’s Scheme which she rents the property under. She says the tenants were unsuitable and were evicted owing more than £6,000 rent arrears and leaving over £1,000 of damage tot the property. She wants the Council to repay her losses because of its poor checking of the tenants’ background.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mrs X let a property to tenants recommended by the Council under its Private Landlord Scheme. The Council says that under the scheme the background of the tenants is checked for rent arrears by a reference from the previous landlord. It also checks immigration status, affordability/income, housing benefit eligibility and any previous anti-social behaviour/housing issues. the tenants met these checks and were considered suitable.
6. The checks under the scheme do not guarantee the behaviour of any tenant and the tenancy is still between the landlord and the tenant. Any breaches of the tenancy are subject to the usual rights of the landlord to seek possession, which is what Mrs X ultimately did. The eviction was delayed by the restrictions placed on evictions by the government during the COVID-19 pandemic.
7. Mrs X says she subsequently fond that the tenants owed council tax from 2018 which re-dates the tenancy. The Council says this is not a housing debt and non-housing debts are not sufficient to make tenants unsuitable if they meet the relevant checks.
8. Mrs X had an agreement with the Council under its scheme, but it does not extend to the tenant’s responsibilities under the Landlord and Tenant Act. If she believes the Council breached the agreement which led to her losses, she would need to seek a remedy for the breach in the courts which are the proper place to decide legal matters.

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Final decision

9. We will not investigate this complaint about a dispute over an agreement between the Council and a private landlord. It is reasonable for the Mrs X to seek a remedy in the courts if she believes the Council has breached the agreement.

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Investigator's decision on behalf of the Ombudsman