The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about Mr X’s claims that the Council breached the terms of a private lease agreement he held with it. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. It was reasonable for Mr X to seek a remedy in the courts over a legal contract and the matter is now subject to legal proceedings. We have no jurisdiction to investigate matters subject to legal proceedings.
The complaint
Mr X complained about the Council’s decision to end a private lease agreement which he had arranged with the Council to let his property to tenants in 2018. He says the Council should pay rent outstanding to the end of the contract and costs for damage and dilapidations to the flat.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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) We cannot investigate a complaint if it is about certain types of commercial transactions. (Local Government Act 1974, Schedule 5/5a, paragraph 3, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says after signing an agreement with the Council to lease a property to it for housing waiting list tenants, the Council ended the lease early in November 2020. He says he has lost rental because the lease ended early and he was unable to relet it because of damages caused by the occupants.
The Council made him an offer for dilapidations according to the lease terms but he says this is not sufficient. He has referred the matter to his legal advisors who are in contact with the Councill’s own legal representatives.
We will not exercise discretion to investigate this complaint which concerns issues which Mr X was aware of in 2020. It was reasonable for Mr X to complain to us within 12 months of the end of the lease. We would have advised Mr X to seek a remedy in the courts for breach of the lease had he complained earlier. Only the courts can determine claims about breaches of legal contracts. Mr X has now pursued a legal remedy and we cannot consider complaints subject to court proceedings.
Final decision
We will not exercise discretion to investigate this complaint about Mr X’s claims that the Council breached the terms of a private lease agreement he held with it. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. It was reasonable for Mr X to seek a remedy in the courts over a legal contract and the matter is now subject to legal proceedings. We have no jurisdiction to investigate matters subject to legal proceedings.
Investigator's decision on behalf of the Ombudsman