Summary: We will not investigate Mr X’s complaint about the Council’s delay in obtaining vacant possession in relation to properties he leased to it. This is because he can take court action to enforce the leases and obtain vacant possession and it is reasonable for him to do so.

The complaint

1. Mr X, a private landlord who leased a number of properties to the Council through its private sector leasing scheme, complained the Council had not handed the properties back in a reasonable time after he asked it to hand them back. He said the Council’s delay in obtaining vacant possession caused him financial loss because he could not relet at a higher rent and because he incurred the cost of repairs that were not his responsibility.

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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 has a right of appeal, reference or review to a tribunal or a court about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a) and (c), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X leased a number of properties to the Council through its private sector leasing scheme. The leases provided a break clause under which the landlord could ask for the properties to be returned. Mr X asked the Council to return the properties in May 2023. The lease says the process of gaining possession may take up to none months, but if the property became vacant before that, it would be handed back immediately.
7. In its complaint response, the Council accepted a delay in starting the process to obtain vacant possession. However, Mr X does not need to wait for the Council to act, he can take his own court action to obtain possession. Mr X has a number of properties that he is running as a property investment business, and it is reasonable for him to take court action. Further, he can ask the court to order the Council to pay a current rate of rent and set a deadline for vacant possession, neither of which we could achieve.
8. We will not consider this complaint further because Mr X has the right to take action in the Property Chamber of the First Tier Tribunal and it is reasonable to expect him to do so.

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Final decision

9. We will not investigate Mr X’s complaint because can take court action and it is reasonable for him to do so.

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Investigator's decision on behalf of the Ombudsman