London Borough of Lewisham (23 014 764)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage caused to the complainants home caused by its tenants under a private lease agreement. This is because it is reasonable for the complainant to seek a remedy in the courts.
The complaint
- Mrs X complains that the Council has allowed its tenants to park in the garden of a property she owns and leases to the Council causing damage which it is now liable for.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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
- Mrs X leased a property to the Council for it to use for tenants from the housing list. She says that the tenant has parked their car in the front garden and caused damage. She says the Council should pay for the repairs.
- Mrs X holds 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 her to seek a legal remedy if she believes the Council has failed to comply with the agreement.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable for her to seek a remedy in the courts.
Investigator's decision on behalf of the Ombudsman