Summary: We will not investigate Mr X’s complaint about the Council’s handling of his requests to find alternative accommodation for Council tenants living in his private rented property. This is because it is reasonable for him to take court action in relation to the matter.

The complaint

1. Mr X is a private landlord whose property is let through a managing agent. Through the managing agent, the Council has a lease agreement to use the property.
2. Mr D complains, on behalf of Mr X, that, in July 2023, he gave the managing agent notice to vacate Mr X’s property following a court order to sell the property. He complains the Council has failed to find the tenants alternative accommodation and there are outstanding rent payments. Mr D complains the Council has poorly communicated with him.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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 the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Based on the evidence I have seen, Mr X entered into a contractual agreement with a third party, the managing agent, to lease his property. The managing agent separately leased the property to the Council to use. Only the courts can determine the issues arising from and in connection with the legal agreement Mr X had with the managing agent. This equally applies to any dispute about the Council’s responsibility to hand back the leased property. It is reasonable for Mr X to take court action to address those contractual issues and to seek a remedy. Further, we could not achieve the outcome he seeks (ensuring vacant possession and repayment of any outstanding rent payments). The courts are best placed to decide on these matters.
9. It is not proportionate to consider the Council’s complaint handling alone when we are not looking at the substantive matter.

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Final decision

10. We will not investigate Mr X’s complaint about the Council’s handling of his requests to find alternative accommodation for Council tenants living in his private rented property. This is because it is reasonable for him to take court action in relation to the matter.

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Investigator's decision on behalf of the Ombudsman