Summary: Ms X complained about the Council breaching the terms of a contract which she had for leasing her property for use as temporary accommodation in 2019. We will not exercise discretion to investigate this complaint. This is because it was received outside the normal 12-month period for receiving complaints and it was reasonable for her to seek a remedy for the contractual matters in the courts.

The complaint

1. Ms X complained about the Council breaching a private lease arrangement which she had when it handed back her property in a poor state of repair in 2019. She eventually agreed a settlement with the Council but says it took from November 2018 until 2019 to obtain repayment for the losses and repair costs.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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)

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How I considered this complaint

4. I have considered all the information which Ms X submitted with her complaint. Ms X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Ms X leased a property to the Council for use as temporary accommodation under its housing duties. She had a non-repairing agreement with the Council which meant that she was responsible for repairs. When the Council returned the property in 2019, she says it was badly damaged and required extensive internal repairs. She would not accept the property until the Council carried out works she required. This took some time and she also requested a settlement for her loss of rental income.
6. The Council disputed some of the required repairs and told her that some of the damage was caused by trespassers who stole fittings after the lease had ended. It advised her to claim on her own insurance for these losses.
7. The restriction outlined in paragraph 2 applies here because Ms X complains about a matter she became aware of more than 12 months ago. We have discretion to disapply this rule where we decide there are good reasons. In this case I have decided not to exercise discretion because Ms X has not provided any good reasons why he did not complain to us within 12 months. Had she done so it is unlikely we could have investigated the complaint because it concerns the breach of a private legal contract and it was reasonable for her to take the matter to the courts to determine this.

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Final decision

8. We will not exercise discretion to investigate this complaint. This is because it was received outside the normal 12-month period for receiving complaints and it was reasonable for her to seek a remedy for the contractual matters in the courts.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman