The Ombudsman's final decision
Summary: We will not investigate this complaint alleging the Council breached the terms of a licence agreement for a commercial property. It is not our role to adjudicate on disputed points of law. It is reasonable to expect the complainant to take the matter to court.
The complaint
Ms X complains the Council breached the terms of its licence agreement for a commercial unit she occupied under a licence.
She wants the Council to: apologise to all tenants refund all increased charges from October 2023 to date refund all clawed back payments; and treat its tenants with respect going forward.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to Ms X’s complaint the Council refunded the backdated payments to her and returned her deposit in full.
Ms X says the Council breached the terms of its licence agreement. The Council disagrees. Whether it is entitled to do so under the terms of its contract with Ms X is a matter for the courts to consider, rather than the Ombudsman.
So, if Ms X believes the Council’s actions amounts to a breach of the licence, it would be reasonable for her to take the matter to court.
Final decision
We will not investigate Ms X’s complaint. This is because we cannot determine whether the Council’s interpretation of the terms of the licence agreement is correct. If she believes the Council has breached the terms of the agreement it would be reasonable for her to take the matter to court.
Investigator's decision on behalf of the Ombudsman