Brighton & Hove City Council (23 012 269)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 07 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delays in handing back a leased property to the landlord under a private lease agreement. It is reasonable for Mr X to seek a remedy in the courts for any breaches of the contract terms.
The complaint
- Mr X complained about the Council delaying the handover of a property which he leased to it under a private agreement. He says that he should have received rental payments until he received the keys and was able to access his property. He also says the Council should pay any council tax due for this period and any costs of reconnecting utility services.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council failed to hand back a property he leased to it for months after the end of the lease agreement. He says he did not receive rent for this period and that he has been charged for council tax incurred once the property became empty. He says the delay resulted in loss of income and charges which he did not incur through his own fault.
- The Council says it offered Mr X 8 weeks rental income which is the limit it can pay. It advised him to seek a remedy in the courts if he believes the terms of the lease agreement have been breached.
- Mr X signed a private agreement with the Council and he is claiming that the terms of the agreement were breached with regard to the handover. Only the courts can determine breaches of legal agreements and it is reasonable for him to seek a remedy by the legal process.
Final decision
- We will not investigate this complaint about the Council’s delays in handing back a leased property to the landlord under a private lease agreement. It is reasonable for Mr X to seek a remedy in the courts for any breaches of the contract terms.
Investigator's decision on behalf of the Ombudsman