Summary: Ms X complained about the Council’s failure to resolve her claim for legal costs and damages to a property which it rented from her for social services housing provision. We should not exercise discretion investigate this complaint. This is because it concerns a private rental agreement, and it is reasonable for her to seek a remedy in the courts if no satisfactory outcome can be achieved by her solicitors.

The complaint

1. Ms X complained about the Council failing to respond properly to her claims over unpaid rent, damage to her property and legal costs she incurred in removing its tenants from a property rented to the Council. She says the Council has delayed dealing with her claims and that she should be compensated.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response. 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 rented a property to the Council through a private agreement in 2007. In April 2019 she instructed solicitors to recover rent arrears of over £13,000 from the Council which she said was outstanding. She also asked for confirmation that the property would be vacated by the tenants that month.
6. She says that despite a notice to quit being served by her solicitors the Council did not vacate the property or pay the rent arrears. The Council did not give the property back until October 2019 and when inspected she says it was found to be in a poor condition. She has been pursuing the Council for the rent and the legal/repair costs since 2019.
7. We will not consider the matters prior to November 2019 because the complainant was aware of these issues but did not complain to us about them until November 2020 which is outside the normal 12-month period for submitting complaints.
8. In 2020 the Council paid the rent arrears and agreed to consider the other claims. It later agreed to pay limited legal costs but did not resolve the other issues. Ms X made a complaint through the Complaints procedure, but the Council informed her that legal claims cannot be considered under this procedure and are dealt with by its legal department.
9. The Council told us that it has spoken to Ms X’s solicitors and will wrote shortly about the outstanding claims.
10. The Ombudsman cannot resolve private legal claims and the matters is being dealt with by the legal representatives of both parties. If the Council does not agree to meet all Ms X’s claims, then it is reasonable for her to seek a remedy in the courts.

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Final decision

11. We should not exercise discretion investigate this complaint. This is because it concerns a private rental agreement and it is reasonable for her to seek a remedy in the courts if no satisfactory outcome can be achieved by her solicitors.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman