London Borough of Haringey (24 008 564)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delays in returning private sector leased properties to their owners. It is reasonable for the landlords to seek a legal remedy for breach of lease agreements in the courts.
The complaint
- Mr X says his company has been waiting for up to six years for the Council to return properties which it has rented to tenants as temporary accommodation. He says the Council should speed up its court possession process and compensate him for the protentional loss of income from properties it has held back in breach of the lease agreements.
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 the information provided by the complainant and the Council’s response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council has failed to hand back properties which it has leased from him to use as temporary accommodation. He says some of the delays have been up to six years overdue and that he has lost potential higher rental income by being unable to relet them. He complained to the Council in 2024.
- The Council told Mr X that the delays in its court actions to remove tenants from his properties had been delayed due to delays in possession hearings in the courts and more complex rules on evictions since the COVID-19 pandemic. It reminded him that any action he wished to take against the Council for breach of its lease agreements was a legal matter which was for the courts to decide.
- We will not investigate a complaint where it is reasonable for someone to seek a remedy in the courts. Mr X has a legal contract for the leases on his properties and only the courts can determine if the lease terms have been breached and what remedy should be due.
Final decision
- We will not investigate this complaint about the Council’s delays in returning private sector leased properties to their owners. It is reasonable for the landlords to seek a legal remedy for breach of lease agreements in the courts.
Investigator's decision on behalf of the Ombudsman