Summary: We will not investigate Miss B’s complaint about the Council’s handling of the lease for a commercial premises. This is because it is reasonable for Miss B to take the Council to court.

The complaint

1. Miss B complains about the Council’s handling of matters relating to a commercial premises which she rents from the Council under a lease agreement. Miss B says the premises were not ready to occupy and there was a six month delay before the premises were handed over. Miss B also says the premises were not in a suitable condition and she had to spend her own time and money improving the condition of the premises before she could start trading.
2. Miss B says these issues have had a significant impact on her business, resulting in lost income and missed opportunities.
3. Miss B would like the Council to pay her compensation equivalent to six months rent and she would like the Council to complete the remaining repairs that are needed. Miss B would also like the Council to make a payment for the distress and inconvenience she has suffered.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The Act 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)

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How I considered this complaint

6. I considered information provided by Miss B.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We do not normally investigate complaints about commercial matters relating to lease agreements. This is because we take the view the courts are in the best position to decide such disputes.
9. Such matters can often be relatively complex and involve significant financial sums. Also, we cannot recommend payments or actions that ‘punish’ an organisation. Only a court can order an organisation to take specific action or make a payment for damages.
10. Because of the seriousness of the issue Miss B complains about, I find it is reasonable and proportionate to expect her to pursue this matter at court.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Miss B’s complaint because it is reasonable for her to take the Council to court.

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Investigator's decision on behalf of the Ombudsman