Summary: We will not investigate this complaint about the Council’s decision to rehouse the complainant’s private tenant. This is because we are unlikely to find evidence of fault by the Council to justify investigating.

The complaint

1. Ms X complains about what happened after the Council decided to rehouse her private tenant.
2. Ms X says the Council accepted the word of the tenant who was not under any threat of eviction.
3. Ms X says her ex-tenant owes her two weeks rent, plus the notice period, which the Council should pay her.

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The Ombudsman’s role and powers

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

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How I considered this complaint

5. I considered information provided by the complainant and the Council’s complaint responses.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The complainant, a private landlord, says the Council’s decision to rehouse her former tenant has left her with an outstanding debt. She suspects her ex-tenant has not been honest with the Council and alleges dishonesty.
8. The Council has investigated Ms X’s complaint. It says it will refer her allegations to its fraud team. Overall, it finds the debt to be a private contractual matter between Ms X and her former tenant.
9. We will not investigate. There is no evidence the Council caused/ contributed the rent arrears or that the rehousing decision created a liability for Ms X’s former tenant’s private debts. The debt is a private civil matter between Ms X and her former tenant.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman