Summary: We will not investigate Mr B’s complaint about the amount the Council charged him after he gave notice to terminate his tenancy of commercial premises. This is because it would be reasonable to expect Mr B to raise the disputed matters in any court proceedings.

The complaint

1. The complainant, Mr B, complained about the amount the Council charged him after he gave notice to terminate his tenancy of commercial premises.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I have considered the information Mr B provided. Mr B has had an opportunity to comment on my draft decision.

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What I found

4. During 2020 Mr B gave notice to the Council to terminate his tenancy of commercial premises. Mr B told us, initially, the Council raised no issues. But then the Council told him there was a list of works he needed to complete before he vacated the premises. Mr B said the Council did no work in the period after he vacated the premises and new tenants took over the lease, even though the Council has charged him for it. He also said the Council was charging him for some business rates it had not previously charged. Mr B told us the Council has caused him significant stress and anxiety.
5. In his formal complaint to the Council Mr B explained why he took issue with the list of works the Council had told him he needed to complete and how he had calculated the amount of money the Council should return to him. But the Council concluded there was over £3000 outstanding from him for rent arrears and dilapidations.
6. In this case there is a dispute between Mr B and the Council about whether there is an amount payable following the termination of his lease. A court of law is normally the appropriate body to rule on landlord and tenant commercial lease disputes. If Mr B and the Council have not reached an agreement and the Council takes legal action to recover the amount it says is outstanding, it would be reasonable to expect Mr B to raise the disputed matters in any court proceedings. That is because what is at issue in this case is Mr B’s legal liability for the payment the Council has sought.

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Final decision

7. We will not investigate this complaint. This is because it would be reasonable to expect Mr B to raise the disputed matters in any court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman