Liverpool City Council (25 022 911)
Category : Other Categories > Commercial and contracts
Decision : Closed after initial enquiries
Decision date : 21 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of a commercial tenancy. This is because the courts are best placed to deal with contractual matters, and it would be reasonable for the complainant to pursue the matter in court.
The complaint
- Mr X complained the Council unlawfully evicted him from his business premises without notice. He said this caused him to lose the property and materials. He said it had a negative impact on his health. He would like the Council to apologise and compensate him for property loss, income loss and distress.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained the Council did not follow the correct process when it evicted him from his business premises in December 2024.
- In its complaint response, the Council told Mr X it had written to him twice in October 2024 to advise of its concerns regarding the condition of the premises and rent arrears. It said it had advised Mr X of the action it planned to take.
- We will not investigate Mr X’s complaint. The matter is about the implementation of a commercial lease, and the courts are best placed to consider such matters. It would be reasonable for Mr X to take legal action if he believes the Council has breached the terms of the commercial lease agreement, or if he believes fault on the Council’s part has caused him financial loss.
- Mr X also complained about how the Council responded to his complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.
Final decision
- We will not investigate Mr X’s complaint because the courts are best placed to deal with contractual matters, and it would be reasonable for him to pursue the matter in court.
Investigator's decision on behalf of the Ombudsman