London Borough of Enfield (24 016 466)
Category : Housing > Private housing
Decision : Closed after initial enquiries
Decision date : 25 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delays in handing back a leased property to a landlord under a private lease agreement. This is because it does not meet the tests set out in our Assessment Code. It is reasonable to expect the landlord to seek a remedy in the courts.
The complaint
- In short, Mr X , the landlord, complains about the Council’s failure to hand back his property leased to it under a private agreement. He says he has not had his property handed back despite the lease expiring and his property accommodating too many people.
The Ombudsman’s role and powers
- 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 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X is concerned the Council’s tenants remain in his property two years after his lease agreement with the Council expired. He also says the property has more than the permitted number of people living there.
- The Council says there is a shortage of properties for its tenant to move in to and it is looking to resolve the issue. It also advises him that he has the right to take legal action to seek possession of his property.
- My final decision is Mr X’s complaint is best determined in court. Only the courts can determine issues arising from and in connection with the legal agreement Mr X had with the Council. It is reasonable for him to seek a remedy by the legal process.
Final decision
- We will not investigate this complaint about the Council’s failure to hand back a leased property to the landlord under a private lease agreement. It is reasonable for Mr X to seek a remedy in the courts.
Investigator's decision on behalf of the Ombudsman