Summary: We will not investigate this complaint about the Council’s actions in relation to a lettings scheme. This is because it would be reasonable for the complainant to pursue the matter in court. Additionally, part of the complaint is late and there is no good reason to investigate now

The complaint

1. Ms X complained the Council’s actions caused her to lose her lease on a property. She said the Council’s scheme she entered into should not have been offered to leaseholders like herself. She said this had a big impact on her personal and professional life. She would like the Council to provide financial compensation.

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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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)
5. 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. Ms X agreed to rent her property to a tenant as part of the Council’s Camden Lettings Scheme in 2022. The relationship between the tenant and Ms X as landlord broke down in 2023. Ms X contacted the Council for assistance in 2023.
9. The Ombudsman will not usually exercise discretion to investigate matters that took place more than 12 months prior to the complainant becoming aware of them. In this case, Ms X complained about the issue in April 2025. I have decided not to exercise discretion to look at matters before April 2024 because it is reasonable to expect Miss X to have complained to us about the matter sooner.
10. In its complaint response, the Council detailed the assistance it had provided to Ms X and her former tenant in 2023. The Council said its response to Ms X was in line with the terms of the lettings scheme.
11. We will not investigate Ms X’s complaint. The issue is about the implementation of a lettings agreement, and the courts are best placed to consider such matters. It would be reasonable for Ms X to take legal action if she believes fault on the Council’s part has caused her financial loss.
12. Ms X wrote to the Council setting out the compensation she sought for the loss of her leasehold, rent arrears and emotional distress. This is tens of thousands of pounds. This is not something we could achieve as a remedy if were we to investigate, and so we will not investigate this complaint.

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Final decision

13. We will not investigate Ms X’s complaint because it would be reasonable for Ms X to pursue the matter in court. Additionally, part of the complaint is late and there is no good reason to investigate now.

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Investigator's decision on behalf of the Ombudsman