Summary: We will not investigate this complaint about the Council’s handling of matters relating to Ms X’s property which is rented out to tenants. This is because an investigation will not lead to the outcomes Ms X seeks and Ms X has a legal remedy if she wishes to challenge the terms of her agreement with the Council.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s handling of matters relating to her tenanted property. She says she wants the Council to move out the tenants housed in it and says it should pay her more rent.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X entered into an agreement with the Council whereby it guaranteed the rent for her property along with an introduction to an Agent who would then be responsible for locating a tenant and taking over day-to-day responsibility for the management of the property.
8. Ms X wants to obtain vacant possession of the property and has asked the Council to move the tenants out to alternative accommodation. The Council has told Ms X it has had difficulties finding suitable alternative accommodation for the tenants but that it is open to her to take her own legal action against the tenants to obtain possession.
9. The tenancy agreement is between Ms X and the tenants and not between Ms X and the Council. The agreement Ms X has with the Council does not cover support or assistance in seeking to evict tenants. Such an outcome can only be obtained via the courts and it is open to Ms X to take her own legal action against the tenants. 
10. With regard to the amount of rent Ms X receives for her property, if she is unhappy with what she receives and with the Council’s performance under the contract she has with it, then she can take legal action against the Council through the courts. As she has this alternative remedy available that we would reasonably expect her to use, we will not investigate this matter.

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Final decision

11. We will not investigate Ms X’s complaint because an investigation will not lead to the outcomes Ms X seeks and Ms X has a legal remedy if she wishes to challenge the terms of her agreement with the Council.

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Investigator's decision on behalf of the Ombudsman