Summary: We will not investigate this complaint about the Council’s handling of matters relating to the ending of Mr X’s tenant’s tenancy. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s handling of matters relating to the ending of the tenancy agreement he had with his tenant, Mr A, following Mr A’s ill health. He says he was caused stress and disbelief at the way he was treated having been a good landlord to Mr A for many years.

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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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council when his elderly tenant, Mr A, needing to move into more suitable accommodation, ended his tenancy with Mr X without giving the required notice. Mr X complained about the way he was dealt with by Officer B who had been helping Mr A with his move out of hospital to new accommodation.
6. The Council acknowledged there were lessons to be learnt from the case with a need for Officer B to be clear about their role and that they worked for the Council. It also highlighted a training need to cover knowledge of the Deposit Protection Scheme. It apologised for any confusion and frustration caused to Mr X and confirmed his experience would be used to improve the approach taken in similar situations in the future.
7. We do not investigate every complaint we receive and while Mr X may not be happy with the outcome of the Council’s investigation of his complaint, an investigation by the Ombudsman is unlikely to usefully add to that already undertaken by the Council or lead to a recommendation for the compensation sought by Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman