London Borough of Hounslow (22 015 979)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 14 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s liability of damage caused by its tenants under the terms of a private lease agreement with Miss X. It is reasonable for Miss X to seek a remedy in the courts which are the proper authorities to determine legal disputes.
The complaint
- Miss X complained about the Council refusing to pay for all of the repair work which she says was required following the handover of her property from the Council who had been leasing it to rent to housing list tenants. She wants the Council to accept the costs of cleaning carpets, certain repairs and clearing rubbish from the house and garden.
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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says she leased a property to the Council and it was handed back to her in 2022. She says there was a lot of rubbish to be cleared from the house and garden and that the carpets required cleaning and flooring replacing together with other repairs. The Council agreed to pay for some work but insists that the garden was cleared and it will not pay further compensation. The Council says it has complied with the terms of the lease which both parties signed.
- Miss X says it is unfair to quote the terms of the lease as she has had to pay costs which she says should be compensated for.
- The lease between Miss X and the Council was a private arrangement. If she believes the Council has failed to comply with the terms of the legal document then she would need to seek legal advice. We cannot determine disputes over private contracts and leases. Only the courts can decide if a party has breached the terms and what remedy may be appropriate.
Final decision
- We will not investigate this complaint about the Council’s liability of damage caused by its tenants under the terms of a private lease agreement with Miss X. It is reasonable for Miss X to seek a remedy in the courts which are the proper authorities to determine legal disputes.
Investigator's decision on behalf of the Ombudsman