Summary: Ms X complained about the Council’s breach of a private contract when it returned her property with outstanding damage from the previous tenants. We should not exercise discretion to investigate this complaint. This is because the complaint was received outside the normal 12-month period for considering complaints and it was reasonable for her to take court action over the contractual breach.

The complaint

1. Ms X complained about the Council’s failure to comply with the terms of a private lease contract which it signed with her to use a property for housing applicants from the housing register. She says a clause in the contract required the Council to return the property in its original condition. She says it should pay her over £4,900 which is required to cover the disrepair.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I have considered all the information which Ms X submitted with her complaint. Ms X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Ms X signed a private lease agreement with the Council to allow it to rent her property to housing applicants. When the property was returned to her in 2019, she says it was in a poor state of repair and that the clause of the contract about disrepair had been clearly breached.
6. The Council says that when the agreement ended it purchased the property from Ms X and that an additional £5,000 was added to the purchase price to cover the disrepair not previously remedied. Ms X disputes this and in November 2020 she served a letter before action on the Council intending to take the matter through the courts.
7. Ms X was aware of the disrepair in 2019 and she did not complain to us until January 2021 which is outside the normal 12-month period for receiving complaints. We will not exercise discretion to consider it now because even had it been made within 12 months this is a private legal matter and only the courts can determine a breach of a contractual lease. Ms X has started the court procedure and it is reasonable for her to continue with this process.

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Final decision

8. We should not exercise discretion to investigate this complaint. This is because the complaint was received outside the normal 12-month period for considering complaints and it was reasonable for her to take court action over the contractual breach.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman