Summary: We will not investigate this complaint about the Authority’s decision to follow enforcement action over rent arrears. The matter was resolved before our involvement.

The complaint

1. Mr Y complained about the Authority’s decision to follow enforcement action over rent arrears for a property he is leasing.
2. Mr Y also said the Authority did not respond properly when he was trying to discuss the matter with him.

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The Ombudsman’s role and powers

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our assessment and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)

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How I considered this complaint

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

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My assessment

6. When there is disagreement about the terms of a legal contract between a person and an authority, there is likely to either be a legal remedy, or the contract may specify what happens in a dispute.
7. We would not normally interpret the contract for these types of complaint. Commercial law is complex and arguments about its interpretation are for the courts, where both parties can access the courts process.
8. The Authority has provided evidence which shows that this matter was resolved before our consideration. On this basis, we are satisfied with the actions the Authority has taken and so will complete our assessment.

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Final decision

9. We will not investigate Mr Y’s complaint because the matter was resolved before our involvement.

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Investigator's decision on behalf of the Ombudsman