The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s compliance with the terms of a lease Mr X holds with it. It is reasonable for him to seek a remedy in the courts who are best placed to determine a legal dispute.
The complaint
Mr X says the Council breached the terms of a lease which he holds with it regarding a property which it uses as temporary accommodation. He says it failed to return the property to him within the timescale included in the lease terms.
The Ombudsman’s role and powers
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council breached the terms of a lease it holds with him by not handing back the property within the contract terms. The Council says the terms give it 9 months to vacate the property before the terms are breached. This has not yet passed and it intends to return the property within the period of the lease terms.
We cannot determine legal matters and Mr X is the party to a legal contract which he holds with the Council. He would need to seek legal advice and obtain a remedy from the courts which are the only body which can decide legal disputes.
Final decision
We will not investigate this complaint about the Council’s compliance with the terms of a lease Mr X holds with it. It is reasonable for him to seek a remedy in the courts who are best placed to determine a legal dispute.
Investigator's decision on behalf of the Ombudsman