The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a business premises’ lease. This is because the law prevents us from investigating anything that is or has been the subject of court proceedings.
The complaint
Mr X complained the Council failed to honour a break clause in his business lease when he ended his rental agreement and pursued him for payment of rental arrears.
Mr X said this caused significant financial strain to his business. He wanted the Council to: honour the break clause in the lease; write off any rental arrears after the clause was agreed; and remove the county court judgment against his business.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint relates to the matters detailed in paragraph one.
The Council responded to Mr X’s complaint and informed him it would not comment further because legal proceedings were currently engaged regarding this matter.
We cannot investigate Mr X’s complaint because the law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It is for the court, not the Ombudsman, to decide whether the business owes the debt to the Council. It would be reasonable for Mr X to raise his complaint as part of the court process.
Final decision
We cannot investigate Mr X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.
Investigator's decision on behalf of the Ombudsman