Summary: We will not investigate X’s complaint that the Council are responsible for a shortfall in rent paid to X. This is because we cannot achieve the outcome X seeks.

The complaint

1. X complains that the Council’s actions led to his tenant not paying their rent. X wants the Council to pay him the shortfall in rent payments.

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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 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

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

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My assessment

5. I will not investigate this complaint. X is a private landlord, and any rent agreement was between X and their tenant. I cannot therefore recommend that the Council pays X for their tenant’s shortfall in rent payments, so cannot achieve the outcome X seeks.

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Final decision

6. We will not investigate this complaint because we cannot achieve the outcome X seeks.

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Investigator's decision on behalf of the Ombudsman