Summary: We will not exercise discretion to investigate this complaint about a tenant of the Council. This is because it would be reasonable for the property owner to enforce the terms of his letting agreement with the Council in court.

The complaint

1. In summary, Mr X is a property owner who has let his property, as part of a private sector leasing scheme, to the Council. Mr X says the Council has placed someone unsuitable in the property who is keeping a dog, using drugs and swearing.
2. Mr X says the Council has failed to act against its tenant to stop the anti-social behaviour.

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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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not exercise discretion to investigate. It is reasonable to expect Mr X to enforce the terms of his letting contract with the Council in court to protect his property.

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Investigator's decision on behalf of the Ombudsman