The Ombudsman's final decision
Summary: We will not investigate this complaint about breaches of a private lease agreement between Miss X and the Council. It is reasonable for Miss X to seek a remedy in the courts which are best placed to determine private legal contract disputes.
The complaint
Miss X complained about the Council’s failure to hand back her property according to the terms of the lease which she holds as a landlord with it. She also says the Council failed to make the full rental payments required by 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 the information provided by the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council has failed to follow the terms of a lease between her as landlord and the Council as lessee. The Council used the property to house homeless families under its homelessness duty. Miss X says the Council failed to hand back the property according to the lease terms and that it did not make the full payments which she says were due to her.
This complaint concerns a dispute over the terms of a private agreement between Miss X as landlord and the Council as lessee. It is a private arrangement and does not involve the public interest or a statutory duty. The courts are best placed to deal with private legal disputes and it is reasonable for Miss X to seek a remedy in the County Court to resolve any outstanding disagreement.
Final decision
We will not investigate this complaint about breaches of a private lease agreement between Miss X and the Council. It is reasonable for Miss X to seek a remedy in the courts which are best placed to determine private legal contract disputes.
Investigator's decision on behalf of the Ombudsman