Summary: We will not investigate this complaint about the presence of asbestos and damage to a business premises that the complainant leases from the Council. This is because the issues raised are better considered by the courts.

The complaint

1. Mr X complains that the Council failed to provide an adequate asbestos assessment when he agreed to lease a business premises from the Council. He also complains that the Council is refusing to carry out repairs to the property. Mr X wants the Council to carry out repairs provide him with compensation and to arrange a new asbestos report.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X leases a business property from the Council. Mr X says the Council should have provided him with an asbestos report when he first signed the lease and a report recently provided to him is insufficient. The Council has recently carried out work to the property including repairs and removals of asbestos. Mr X says there are other works that the Council should carry out, but the Council is refusing to as it considers Mr X to be responsible under the terms of his lease.
7. Mr X has a direct relationship with the Council because he leases his business premises from the Council. The courts are in the best position to assess whether the Council has complied with the terms of Mr X’s lease and to consider his request for compensation.
8. We would usually expect someone in Mr X’s position to seek a remedy in the courts and I do not consider there is any exceptional reason why he cannot do this. For this reason, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because is reasonable for him to pursue the matter with the courts.

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Investigator's decision on behalf of the Ombudsman