Summary: We cannot investigate Ms X’s complaint about non-payment of rent and damage to her property caused by a former tenant. This is because the Council is not responsible for the actions complained about.

The complaint

1. Ms X complains the Council stopped paying her tenant’s rent after they moved into residential respite care. She also complains the property was left in a poor state of repair. She says the matter has caused her financial loss.

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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. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X is a private landlord who rented out a property to a tenant, Mr Z. Mr Z had signed a tenancy agreement with Ms X to rent the property.
7. We cannot investigate this complaint. As a private tenant, it was Mr Z’s responsibility to pay his rent. Any disagreement about payment of rent or the condition of the property is a private matter between Ms X and Mr Z. Mr Z has appointed a Lasting Power of Attorney for property and finances who can act on Mr Z’s behalf if required.
8. If Ms X wishes to pursue Mr Z for non-payment of rent and/or damage to the property, this would be a matter for the courts.

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Final decision

9. We cannot investigate Ms X’s complaint because the Council is not responsible for the matters complained about.

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Investigator's decision on behalf of the Ombudsman