Summary: We will not investigate this complaint about advice the complainant says the Council gave to his tenant. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains about advice the Council provided to his tenant. Mr X says the tenant used this advice to stop paying his rent and to refuse to move out. Mr X says the advice caused him a loss of income and costs. Mr X says the Council should ensure its advice cannot be mis-used.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and information about the advice which I cannot share with Mr X. I also considered our Assessment Code.

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My assessment

4. Landlords must follow a legal process to re-possess a property. This includes serving a valid notice and applying to the court for a possession order if the tenant does not leave. Tenants are not required to leave when a notice expires and can remain in a property until the court has issued a possession order. Tenants should pay their rent and keep to the terms of their tenancy. A landlord can apply for possession if a tenant has rent arrears.
5. Mr X is a landlord. He served a notice on a tenant asking him to leave. Mr X says the tenant refused to move out and stopped paying the rent. Mr X says the tenant reported that he was following advice provided by the Council. I have seen an email in which the tenant says he will not leave as advised by the Council.
6. Mr X says the tenant has remained in the property and has not paid his rent for about six months.
7. In response to his complaint, the Council said it could not share specific information about the tenant. But it explained the standard advice it gives to everyone at risk of homelessness; this includes the right to stay in a property after a notice has expired and the duty to pay the rent and any arrears.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. Due to data protection I cannot share any information about the advice the Council gave to the tenant. However, I have seen a summary of the advice and there is nothing to suggest the Council gave wrong or inappropriate advice. I have considered the emails the tenant sent to Mr X, but the Councill is not responsible for any action taken by the tenant or for any comments he made.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman