Summary: We will not investigate Mr X’s complaint which centres around a dispute over liability for damages and rental costs. Mr X has an alternative legal remedy, and given the circumstances of his complaint, it would be reasonable for him to use it.

The complaint

1. Mr X complained a store he leased from the Council was damaged by a water leak from a neighbouring business, which the Council also owned. He said the Council did not act to fix the leak after he reported it to them. He said the Council owed him money for the damages.
2. Mr X also complained the Council started action to recover rent arrears without any warning. He said this has caused him distress.

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The Ombudsman’s role and powers

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’s store was damaged by a water leak from a neighbouring business. He paid for the store to be refurbished.
7. Mr X complained to the Council that it had not acted on his concerns about a water leak and so was responsible for the cost of the damages.
8. Mr X also complained the Council charged him rent for a period he says was after the lease ended and so he was no longer a tenant.
9. We will not investigate Mr X’s complaint the Council is liable for the cost of damages to his store. We cannot make findings on claims of liability. If Mr X considers the Council negligent or liable for damages, it is reasonable for Mr X to make a claim on the Council’s insurance and, if needed, pursue the claim at court because only the courts can order the Council to pay compensation for damages.
10. Nor will we investigate Mr X’s complaint about the Council charging him rent for a period he says he was not a tenant. This is because Mr X is disputing whether he is liable for the rent. If Mr X is unable to resolve this part of his complaint with the Council, it would be reasonable for him to resolve this dispute through the courts as only they can make findings on whether Mr X is liable for the rent.
11. Given that it is only the courts who can make these judgements, and not us, it would be reasonable to expect Mr X to use his alternative legal remedy.

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Final decision

12. We will not investigate Mr X’s complaint because there is an alternative legal remedy, and it would be reasonable to expect Mr X to use this to resolve his dispute.

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Investigator's decision on behalf of the Ombudsman