The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to comply with the terms of a private lease agreement which it held with Mr and Mrs X. It is reasonable for the complainants to seek a remedy in the courts which are the only body which can determine legal claims.
The complaint
Mr & Mrs X signed a private lease agreement with the Council to enable it to let the property to housing list tenants. They say the Council delayed repairing the property before handing it back and has refused to pay additional compensation for the delay and inconvenience in seeking satisfactory responses.
The Ombudsman’s role and powers
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)
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 and Mrs X leased a property to the Council for it to use for tenants from the housing list. She gave notice to the Council after the property was damaged by a flooding incident. The Council was required by the lease terms to repair the damage caused by the tenants and she says this has been protected and that she has not received any compensation. She put the property on the market but she is still dissatisfied with the completion of the repairs and her claim for payment due to delay.
The complainants held a private contractual agreement with the Council and any breaches of the contract terms are legal matters which can only be determined by the courts. It was reasonable for them to seek legal advice if they believe the Council has failed to comply with the agreement they signed.
Final decision
We will not investigate this complaint about the Council’s failure to comply with the terms of a private lease agreement which it held with Mr and Mrs X. It is reasonable for the complainants to seek a remedy in the courts which are the only body which can determine legal claims.
Investigator's decision on behalf of the Ombudsman