Summary: We will not investigate Mr B’s complaint about the Council’s handling of the lease for his business premises. This is because it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B complains about the Council’s handling of the lease for his business premises. Mr B says the Council has taken too long to put right a lack of ventilation and a water leak at the premises. Mr B says this has caused him considerable stress and he had to close his business. Mr B would like the Council to: pay him compensation for the losses he has suffered; fix the remaining issue; and, apologise.

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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 Act 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 Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The role of the Ombudsman is to consider complaints about administrative fault. We take the view disputes about compliance with commercial lease agreements are best decided by the courts. These are legal matters which the courts are in the best position to decide.
7. Only a court can decide whether a party has complied with a lease agreement and if not, the amount of compensation a party should pay. Also, unlike the Ombudsman, the court can order a party to pay compensation.
8. I find it is reasonable for Mr B to take the Council to court. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman