Summary: We will not investigate this complaint about the Council’s actions relating to Mr X’s ground rent charges, or its responses to Mr X’s request for financial information. Mr X has an alternative legal remedy for matters relating to leasehold disputes. And the Information Commissioner’s Office are a body better suited to deal with his complaint about the provision of information.

The complaint

1. Mr X was unhappy there had been no ground rent charge applied to his property lease for a significant period and then he said during a cost-of-living crisis, the Council required this charge. Mr X was also unhappy with the information the Council provided to him in response to his requests for information about this charge and its purpose.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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 told us he was unhappy because he had to start paying ground rent costs associated with his property to a developer. He said the Council, as the recipient, was not using it for its intended purpose. We will not investigate this complaint, because any disputes about service charges and other expenses, including ground rent, can be considered by the First-Tier Tribunal (Property Chamber - Residential Property). It would be reasonable for Mr X to use this legal remedy, because we cannot resolve disputes of this nature.
7. Mr X was also unhappy the Council did not provide all the information he asked for about its financial position, relating to this matter, including what the long-term plan for the monies were and how it was being invested. We will not investigate this part of Mr X’s complaint, because the Information Commissioner’s Office (ICO), is a body better suited to consider complaints about provision of information.

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Final decision

8. We will not investigate Mr X’s complaint because he has an alternative legal remedy to address any disputes about his ground rent and the ICO can consider his complaint about access to information.

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Investigator's decision on behalf of the Ombudsman