Summary: We will not investigate Mr X’s complaint the Council broke a property lease and has caused him financial loss. Mr X has a legal remedy at court which it is reasonable for him to use.

The complaint

1. Mr X complains the Council broke its lease with him and returned a property in an unsatisfactory condition. Mr X says the Council has paid for minimal repairs. He wants rent money and for the Council to pay for work so the property is again lettable. Mr X says the Council gave him a poor service and caused him financial loss and time and trouble.

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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 Mr X’s information and discussed the complaint with him by telephone.

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My assessment

5. I will not investigate Mr X’s complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction because Mr X has a legal remedy at court if the Council, or its sub-tenant, breached the lease (see paragraph 3 above).
7. It is reasonable for Mr X to use his legal remedy. He has indicated he is capable of going to court and that he may do so. He tells me he has a property portfolio, renting to other councils. A court has the power to decide the dispute and award compensation.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint the Council broke a property lease and has caused him financial loss. Mr X has a legal remedy at court which it is reasonable for him to use.

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Investigator's decision on behalf of the Ombudsman