Summary: We will not investigate this complaint about the Council’s refusal to pay Mrs B’s former tenant’s rent arrears. This is because it would be reasonable for Mrs B to ask the court to determine liability for the breach of tenancy.

The complaint

1. Mrs B complained the Council removed her tenant from her rental property and told her it would apply for Deputyship so it could pay her the £6500 owed in rent arrears. Mrs B wants the Council to pay the debt.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. The law is complex and arguments about its interpretation are matters for the courts to decide, not the Ombudsman. Contracts are there to protect both parties and breaches of contracts are for a court. We could not make a finding on whether the liability for breach of the tenancy agreement is with the Council or Mrs B’s former tenant, this would be for a court to determine.
6. Mrs B has a legal remedy against the Council at court if she considers the Council has breached the tenancy contract, or if it is responsible for the rent arrears incurred.

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Final decision

7. We will not investigate Mrs B’s complaint because it would be reasonable for her to ask the court to consider whether the Council is liable for her tenants debt

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Investigator's decision on behalf of the Ombudsman