Summary: Mrs X complains the Council has given her tenants advice leading to them preventing her from carryout repairs to her property. The Ombudsman does not intend to investigate this complaint. We cannot achieve the outcome Ms X is seeking.

The complaint

1. Ms X complains the Council has given her tenant advice and they are now preventing her from repairing her property.
2. She wants the Council to:
• accept liability for any injury, death or damage which may result from delayed repairs to the property
• arrange for her tenant to cooperate with her and stop using the from entrance until repaired; and
• to train staff in landlord/tenant law.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

4. I considered the information provided my Ms X.

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What I found

5. Ms X is a private landlord.
6. The Council runs an advice service for families facing certain issues. These include (but are in no way limited to) significant school absence, drug and alcohol misuse, significant rent arrears and/or facing eviction.
7. Ms X complains the advice the Council has given to her tenants has caused them to refuse to cooperate with repairs work needed at the property.
8. The tenants have approached the Council for advice. The Ombudsman cannot require the Council to disclose any information regarding its third party clients.
9. Ms X wants the Ombudsman to require the Council to make her tenant cooperate with her and for it to agree to be held liable should any accident or injury befall the tenants. This is not something the Ombudsman can achieve. This is a civil matter between Ms X and her tenants, and she may wish to seek her own legal advice.

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Final decision

10. I will not investigate this complaint. We cannot achieve the outcome Ms X is seeking.

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Investigator's decision on behalf of the Ombudsman