Welwyn Hatfield Borough Council (19 019 320)

Category : Other Categories > Commercial and contracts

Decision : Closed after initial enquiries

Decision date : 23 Jun 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about the Council sending the complainant letters about rent arrears for a garage. It is unlikely he would find fault by the Council has caused injustice that would justify his involvement.

The complaint

  1. The complainant, who I refer to here as Miss A, has complained the Council sends her letters wrongly saying she is in arrears with payments for her garage rent.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
  2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
  • it is unlikely we would find fault;
  • the fault has not caused injustice to the person who complained; or
  • any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I have considered what Miss A said in her complaint and background information provided by the Council.

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What I found

  1. Miss A rents a garage from the Council. The tenancy agreement says she should pay the rent in advance.
  2. Miss A pays her rent in arrears which, on occasion, triggers an automated letter reminding her to pay. The Council has advised Miss A on many occasions she would not receive reminder letters if she paid in advance.
  3. The Council has not taken any action to end Miss A’s lease of the garage as the result of any arrears.

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Final decision

  1. I have decided we will not investigate this complaint. This is because there is nothing to suggest fault by the Council. Further, if there had been fault as Miss A believes, it would not have caused her injustice that would warrant further investigation.

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Investigator's decision on behalf of the Ombudsman

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