Summary: We will not investigate Mr Y’s complaint about the Council’s handling of his requests to return his private rented property. This is because it is reasonable for him to take court action.

The complaint

1. Mr Y complains the Council failed to return a property to him which he leased to it for use as temporary accommodation. He says, in late 2023, he gave the Council notice to return the property within three months. Mr Y complains the Council took until summer 2025 to return the property, which is in breach of the contractual agreement.
2. Mr Y says the delay caused him financial loss because the Council paid a lower rent than he was able to charge after the property was returned.

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The Ombudsman’s role and powers

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 considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y held a private legal agreement with the Council. Both parties signed a lease agreeing to the terms. We cannot determine how the terms of a private agreement between a Council and a third party have been breached. These are legal matters and the courts are best placed to decide them. It is reasonable to expect Mr Y to seek a remedy in the courts, including for any ongoing dispute about loss of rental income during the delay. For these reasons, we will not investigate Mr Y’s complaint.

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Final decision

7. We will not investigate Mr Y’s complaint about the Council’s handling of his requests to return his private rented property. This is because it is reasonable for him to take court action.

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Investigator's decision on behalf of the Ombudsman