Summary: We will not investigate this complaint about the Council’s termination of a tenancy for a garage plot. This is because it is unlikely we would find fault by the Council and because we cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, who I shall refer to as Mr C, complains about the Council’s decision to terminate his tenancy for a garage plot. Mr C says the decision will cause him a financial loss.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I have considered Mr C’s complaint and the Council’s response. I have invited Mr C to comment on a draft version of this decision.

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What I found

4. Mr C rents a garage plot from the Council. In 2017, he signed a tenancy agreement for the plot which listed conditions for the tenancy. One such condition stated that Mr C must build a garage on the plot within three months of signing the agreement, or longer if the Council agree.
5. In 2019, more than two years after Mr C had signed the tenancy agreement, Mr C had still not built a garage on the plot. The Council also had other concerns about activity on the site, so invited Mr C to a meeting.
6. The meeting minutes show Mr C told the Council he had not had the time to build a garage on the plot. The Council also raised concerns that Mr C was running a business on the plot and that it had received reports of antisocial behaviour, which Mr C denied.
7. The minutes show that the Council told Mr C that it was terminating the tenancy and he should therefore vacate the plot. Mr C asked the Council if he could pass the tenancy onto someone else, and the Council said it would get back to him.
8. The Council subsequently wrote to Mr C formally informing him that it was ending his tenancy and that he had two weeks to vacate the plot. The Council told Mr C he could not pass the tenancy onto someone else.
9. Some eleven months later, after Mr C had failed to vacate the plot, the Council wrote to Mr C again. It said that if he had not vacated the plot in three weeks, it would clear the site and invoice Mr C for the cost of doing so.
10. Mr C complains about the Council’s decision to terminate the tenancy agreement. He says he did not receive the letter confirming the Council’s decision to terminate the tenancy, and he should be given more time to vacate the plot. Mr C has now built a garage on the plot and says he would lose the money he has spent on this if more time is not given.

Assessment

11. I will not investigate Mr C’s complaint. The terms of the tenancy agreement clearly state that Mr C should have built a garage on the plot within three months, something he did not do.
12. The Council wrote to Mr C informing him of its decision to terminate the agreement and that he could not pass the tenancy on to a third party. Mr C says he did not receive this letter. However, the Council cannot be held responsible for any errors by Royal Mail in delivering the letter. Furthermore, records show that Mr C was told of the Council’s decision during their meeting.
13. If Mr C believes the Council has breached the terms of the tenancy agreement with him, he may take this matter to court. But it is not for us to say the Council should not exercise its rights to end the agreement, of that it should give Mr C longer to vacate the plot.

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Final decision

14. We will not investigate this complaint. This is because it is unlikely we would find fault and we cannot achieve the outcome the complainant wants.

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Investigator's decision on behalf of the Ombudsman