Summary: We will not investigate this complaint about a private lease agreement. It is reasonable for the complainant to seek a remedy in the courts which are better placed to determine legal liability and contractual matters.

The complaint

1. Mrs X complained about the Council’s failure to re-imburse her for a failure in the heating supply to property she leases to it. She says it was due to its contractor carrying out work to the boiler which led to a loss of supply for 6 days and cost to her to provide an alternative gas engineer.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says the Council’s gas engineer isolated the boiler following the report of a leak by tenants in the property which she leases to the Council. The leak was on the gas meter pipework, and he contacted National Grid to repair their installation. Following the repairs, the National grid contractor could not get the boiler to operate and so isolated the meter until it could be recommissioned.
6. The Council’s contractor delayed recommissioning the boiler which left the tenants without heating for 6 days according to Mrs X. she had to employ another engineer at her cost to recommission the boiler. The Council says the boiler had an ignition fault and it is not responsible under the lease for any repairs to the boiler.
7. The Council has offered Mrs X a discretionary payment for inconvenience but does not accept liability for the repairs or a breach of the contract. The Ombudsman cannot determine disputes about the terms or breaches of a private contract. If Mrs X will not accept the Council’s discretionary offer it is reasonable for her to seek a legal remedy in the courts which are the body which can decide contractual disputes.

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Final decision

8. We will not investigate this complaint about a private lease agreement. It is reasonable for the complainant to seek a remedy in the courts which are better placed to determine legal liability and contractual matters.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman