The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s repossession of the complainant’s garage. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault in the Council’s actions.
The complaint
The complainant, I shall call Ms D, complains the Council failed to follow the terms of the licence for the garage she rented, when it repossessed the garage with her belongings inside.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms D and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms D fell into arrears with the rent she paid to the Council for a garage.
The Council sent two letters advising her to pay the arrears to avoid further action. Ms D did not clear the arrears.
Another letter was sent advising payment to clear the arrears must be made immediately to avoid further action. If payment was not made within ten days, the Council would issue a Notice to Quit. Ms D did not clear the arrears.
The Council served Ms D a Notice to Quit as the account remained in arrears. The letter explained: Ms D had 14 days to clear the garage and return the keys if the keys were not returned on the expiration of the Notice to Quit, the Council would repossess the garage and dispose of any remaining items if Ms D cleared the rent arrears immediately, it may reconsider the proposed repossession Ms D failed to clear the arrears or return the keys. The Council wrote to her confirming if she did not clear the arrears in full or return the keys within seven days it would repossess the garage and change the lock. And there would be no further opportunity to retain the garage.
The Council finally repossessed the garage as there were outstanding arrears on the account. It wrote to Ms D again, explaining she must collect her property within four weeks. It would dispose of any uncollected property.
Ms D complained to the Council. It failed to respond to her according to the published complaints procedure. The Council apologised for this and offered her £100 for the time and trouble spent in pursuing the complaint. This is a suitable remedy for this fault. It did not uphold her complaint about the repossession of the garage.
Final decision
We will not investigate Ms D’s complaint. Having reviewed the terms of the garage licence I have not seen evidence that the Council failed to follow its arrangements for dealing with garage accounts in arrears.
Investigator's decision on behalf of the Ombudsman