The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’ [s claim that the Council breached the terms of his private lease agreement with it. It is reasonable for Mr X to seek a remedy for his claim in the courts for breaches of a private contractual agreement.
The complaint
Mr X complained about the Council’s failure to pay him compensation for dilapidation to his property which he leased to it under a private contractual agreement from 2018-2021.
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 has failed to compensate him for dampness damage caused to his property which resulted from negligence by the tenant who the Council placed in the accommodation. He says the dampness was caused by blocked guttering which should have been cleared before the issue caused damage.
The Council disputes Mr X’s complaint ad says it informed him in 2020 about the problem which is says was due to a gap in the garden wall and the exterior of the property.
The claim is a legal matter and it concerns a breach of dilapidation duty under the terms of the contract. We cannot resolve legal disputes and if Mr X believes the Council is in breach of his agreement with it then he may seek a remedy in the court which is the appropriate arena to deal with private claims.
Final decision
We will not investigate this complaint about Mr X’s claim that the Council breached the terms of his private lease agreement with it. It is reasonable for Mr X to seek a remedy for his claim in the courts for breaches of a private contractual agreement.
Investigator's decision on behalf of the Ombudsman