Summary: We will not investigate this complaint about a dispute over a payment agreement between the Council and a private landlord. It is reasonable for Ms X to seek a remedy in the courts over a private agreement.

The complaint

1. Ms X complained about the Council’s failure to make a full payment to secure a tenancy of a private tenant whom she was due to evict in 2024. She says the Council has only made a partial payment for agreeing to extend the tenancy to September 2025. As a result, she says that she is struggling to meet payments on the property she owns due to the shortfall.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says the Council gave an undertaking to pay her £11,865 to renew a tenancy for a housing applicant whom she was due to evict. She renewed the tenancy on the understanding that the Council would make the payment in full for a year’s rental of the property which she owns.
6. The Council paid £7,200 but told her that the remaining amount was to be covered by the tenant making a claim for discretionary housing payment. It says that the tenant has failed to complete an application and it will not pay the remaining rental because the agreement was for the tenant to meet these obligations.
7. Ms X says she is facing financial difficulty because of the shortfall. The Council says recouping the remaining rent is a matter for her and her tenant as it is a private tenancy agreement.
8. We cannot resolve a dispute between the complainant and the Council about a private tenancy matter. The Council has no statutory duty to pay the amount and only the courts can decide who is liable for the payment.

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Final decision

9. We will not investigate this complaint about a dispute over a payment agreement between the Council and a private landlord. It is reasonable for Ms X to seek a remedy in the courts over a private agreement.

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Investigator's decision on behalf of the Ombudsman