Summary: We will not investigate Ms X’s complaint about the termination of an allotment tenancy and the Council’s decision not to refund her rent. It is unlikely we would find fault.

The complaint

1. Ms X complained she did not receive the reminders sent by the Council to return her tenancy agreement for her allotment plot. She also complained the Council refused to give her back her rent she had paid upfront for the remainder of the year.
2. Ms X says that as a result she has lost money, gardening equipment and plants and she has been caused upset and distress.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Council sent Ms X a tenancy agreement to sign for the year 2023/24. It then sent two reminders, the first by email and the second by post. Ms X has sent me a copy of the emailed reminder which stated “please could you sign and return one copy of the agreement as soon as possible; we cannot assign you as the tenant until we have your signed agreement back”.
7. The Council says it did not receive a response to either reminder and so it cancelled her tenancy and gave it to someone else.
8. Ms X says she only found out when she tried to access her plot some months later and found it was padlocked.
9. Ms X complained to the Council. She said she did not realise the email was a formal reminder and she did not receive the one sent by post. Ms X was also unhappy because the Council said it would not refund the rent she had paid for the year.
10. The Council responded. It said payment of rent was required in advance of the agreement being issued and it was under no obligation to refund the money if the person failed to return their tenancy agreement or later changed their mind. This was because it spent a lot of time on plot viewings and sending the agreements out. The Council sent me a copy of the letter it sends to people when it offers them a plot which explains that rent is non-refundable.
11. We will not investigate this complaint. The email was clear that Ms X had to return the agreement if she wanted her tenancy to continue. The original offer letter said that rent was non-refundable if the person did not return the tenancy agreement or later changed their mind. Therefore, it is unlikely we would find fault if we investigated.

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Final decision

12. We will not investigate Ms X’s complaint because it is unlikely we would find fault if we investigated.

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Investigator's decision on behalf of the Ombudsman