Summary: We will not investigate this complaint about the ownership of a property used by the Council as private sector temporary accommodation. Private ownership disputes are matters for the courts to resolve and it is reasonable for Miss X to seek a legal remedy.

The complaint

1. Miss X complained about the Council placing tenants in a property which she says she owns without her authorisation. She wants the Council to remove the tenants and return her property to her with vacant possession.

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The Ombudsman’s role and powers

2. 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 another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

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

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My assessment

6. Miss X says the Council has placed tenants in her property under its homelessness duty. The Council responded to her complaints by informing her that it leased the property from a management company to use as temporary accommodation under its homelessness duty. It has a lease agreement with the company and no agreement with her.
7. Miss X will need to take court action against the company if it has leased her private property without her consent. We can only investigate complaints about the actions of public authorities. In this case the Council has a contract with the management company and any disputes about title of the property are between Miss X and the company. If the property has to be handed to Miss X the Council will require notice serving on it and the courts will determine if possession should be granted.

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Final decision

8. We will not investigate this complaint about the ownership of a property used by the Council as private sector temporary accommodation. Private ownership disputes are matters for the courts to resolve and it is reasonable for Miss X to seek a legal remedy.

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Investigator's decision on behalf of the Ombudsman