Summary: The Ombudsman will not investigate Ms B’s complaint that the Council failed to comply with the requirements of a private lease scheme agreement. That is because it is reasonable to expect her to go to court if she remains dissatisfied.

The complaint

1. The complainant, whom I shall call Ms B, complained that the Council failed to comply with the requirements of a private lease scheme agreement. Ms B told us this has caused her significant costs and stress.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the information Ms B provided and the Council’s response to her complaint. I have given Ms B an opportunity to comment on my draft decision.

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What I found

5. Ms B told us she entered into a private lease scheme agreement with the Council in 2013. She says the agreement was she would hand over the property she owns to the Council, the Council would manage it (apart from the maintenance contract for gas safety and the boiler) and she would receive a reduced rent.
6. Ms B says in 2019 she drove by the property for the first time in about four years. She told us she found it to be in a dilapidated state with a hole in the roof, a damp problem and the garden was neglected.
7. Ms B told us she contacted the council in March or April 2019 trying to get a resolution informally. The Council failed to resolve her concerns so she made a formal complaint in June 2019.
8. The Council told Ms B its temporary accommodation service had been short staffed which had affected the quality of its operations. It agreed to pay a contribution to the cost of the roof repair but Ms B says this amounted to under half of the cost of repairs. The Council has accepted it had delayed making the payment to Ms B because of an oversight. It said by November 2019 the temporary accommodation service should be operating at full capacity. The Council said it was the tenant’s responsibility to maintain the garden, the tenant had said it was cleared in September 2019 and a council officer would inspect it. The Council agreed to cover the cost of a new oven and gas hob as a goodwill gesture. It said one of its officers had inspected the property in September 2019 and found no sign of damp. The Council offered Ms B a joint inspection with one of its officers. The Council told Ms B it was introducing minimum standards for its privately leased properties.
9. To put things right Ms B said she would like to see the Ombudsman direct the Council to carry out the necessary work in a timely manner or to give her the funds to enable her to get the work done. The Ombudsman can make recommendations to councils but he has no powers to order them to carry out work. A court of law is the appropriate body to enforce the obligations set out in lease agreements. So, if Ms B is dissatisfied with the steps the Council has taken to date to resolve her complaint, it is reasonable to expect her to go to court to seek a remedy.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is reasonable to expect Ms B to go to court if she remains dissatisfied.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman