Summary: We will not investigate Ms X’s complaint that the Council did not properly inform her when she went into arrears on her rental garage and then threatened her with removal of her possessions from the garage. There is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains she did not receive six letters sent to her by the Council informing her she was in arrears on her rental garage. She also complains the Council threatened her with forcibly removing her possessions from the garage.
2. Ms X says that as a result, she has lost her garage rental. She wants an apology, reinstatement of her rental agreement and compensation.

Back to top

The Ombudsman’s role and powers

3. We investigate 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 continue 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X used to rent a garage from the Council. She fell into rent arrears and the Council wrote to her six times from January to May 2025 to inform her of this. It then posted to her address and hand delivered to the garage a Notice to Quit.
7. The responsibility to keep up payments on the garage was Ms X’s. It was not the duty of the Council to remind her of any arrears. But in any case, the Council said it sent the letters to the correct address on six occasions about the matter and provided copies of these to Ms X’s representative. The Council cannot be held responsible if none of them were received by Ms X.
8. The Council also sent Ms X the Notice to Quit by post and hand delivered a copy to the garage. Again, it cannot be held responsible if Ms X did not receive it.
9. Ms X did not contact the Council or pay off the arrears. The Council therefore took possession of the garage. It scheduled an appointment with Ms X so she could collect her belongings but she did not attend. It offered her the chance to arrange another appointment. It said if she failed to attend again, it might take legal action to remove her items. The Council is entitled to inform Ms X of the potential consequences of her non-attendance. There is not evidence of fault in the Council’s actions. Therefore, we will not investigate this complaint.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault in the Council’s actions to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman