Thanet District Council (26 016 525)
Category : Other Categories > Commercial and contracts
Decision : Closed after initial enquiries
Decision date : 22 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s handling of a forfeiture of the commercial lease for her business. This is because the courts are best placed to deal with contractual matters, and it would have been reasonable for the complainant to pursue the matter in court.
The complaint
- Mrs X complains about the way the Council dealt with the forfeiture of a commercial lease and being locked out from her business premises.
- Mrs X says the Council failed to properly consider her serious health circumstances, and the lockout left her unable to access medication and medical records.
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 Mrs X and the Ombudsman’s Assessment Code.
My assessment
- The Council investigated Mrs X’s complaint. It said the lease was forfeited after rent and service charge arrears remained unpaid.
- The Council also said officers were aware Mrs X had previously experienced health difficulties. But it said Mrs X did not inform the Council of her diagnosis until March 2026. So, it could not have taken that information into account when deciding to forfeit the lease. It directed Mrs X to contact its enforcement agents about items left in the premises. Overall, the Council said it acted fairly and in accord with the lease terms.
- We will not investigate Mrs X’s complaint. The main complaint concerns a dispute over rights and obligations under a commercial lease, and the courts are best placed to consider such matters. It would have been reasonable for Mrs X to take legal action against the court, and this would also include Mrs X’s concerns about the Council not taking her health factors into account.
Final decision
- We will not investigate Mrs X’s complaint because it would have been reasonable for her to go to court.
Investigator's decision on behalf of the Ombudsman