Summary: We will not investigate this complaint about the Council’s actions in connection with a private sector tenancy and the landlord’s request for compensation from the Council. This is because it does not meet the tests set out in our Assessment Code. We are unlikely to find fault with the Council.

The complaint

1. Mrs X is requesting £13,000 compensation from the Council due to receiving a reduced price from the sale of her rental property and increased mortgage payments over the period in which the sale was delayed.
2. Mrs X says the Council told her tenant not to leave her property and also called the Police out when she was at the property.

Back to top

The Ombudsman’s role and powers

3. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We do not start an investigation if we decide we are unlikely to find evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mrs X is a private landlord who served a section 21 Notice on her tenant once she decided to sell her property. She complains the Council told her tenant to stay in her property which caused her to incur financial losses as she had found a buyer. She also says the Council called out the Police when Mrs X was at her property visiting her tenant.
8. The Council says it cannot be held responsible for providing Mrs X’s tenant with legal advice. It also says it is not responsible for her losses as she chose to market her property without concluding the legal process with her tenant.
9. The Council says its officers heard Mrs X and her friend’s conversation with the tenant. This caused it to notify the Police of a possible illegal eviction taking place. The Council stands by its decision to call the Police.
10. We will not investigate as we are unlikely to find evidence of fault with the Council’s actions here. It provided legal advice to Mrs X’s tenant and Mrs X was responsible for ensuring she concluded the legal process to end her tenancy, not the Council. The Council has explained its reasons for calling the Police and further investigation by us is unlikely to achieve anything worthwhile.

Back to top

Final decision

11. We will not investigate this complaint about the Council’s actions related to a private sector tenancy as we are unlikely to find evidence of fault with the Council.

Back to top

Investigator's decision on behalf of the Ombudsman