Summary: We will not exercise discretion to investigate this complaint about a commercial lease between Mr X and the Council. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council delaying finalising a lease he took on commercial premises from February 2023 to June 2024. He also complained about the terms of the lease which he says were misleading about the condition of the premises and incorporated terms from an earlier lease to the previous tenants.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X says the Council delayed for 18 months finalising a lease for business premises which he asked the Council to agree in February 2023. He says when the lease was finalised in June 2024 and he was able to access the premises the condition was far worse than he understood it to be and that subsequent refurbishment work was ruined by faults with the building.
7. We will not investigate this complaint which concerns matters the complainant was aware of more than 12 months before he complained to us and is late. Mr X could have complained to us in 2023 if he believed the process was taking too long. He was represented by a solicitor during the lease negotiations and could have re-negotiated the terms or walked away from the proposals if he was dissatisfied.
8. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
9. We have some discretion to consider older complaints in some circumstances but this would not apply here. Even if Mr X had complained within 12 months we cannot determine legal contracts between private individuals and councils. These are legal matters and once the lease was signed only the courts could decide any disagreements about the terms.

Back to top

Final decision

10. We will not exercise discretion to investigate this complaint about a commercial lease between Mr X and the Council. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

Back to top

Investigator's decision on behalf of the Ombudsman