The Ombudsman's final decision
Summary: We cannot investigate Miss B’s complaint that the Council has not maintained the building where she lives as a Council leaseholder. This is because we cannot investigate complaints about the management of housing let on a long lease by a local housing authority.
The complaint
The complainant, who I will refer to as Miss B, is the leaseholder of a property in a listed building owned and managed by the Council. Miss B complains that the Council has failed to maintain the building in line with the conditions of her lease agreement.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate complaints about the provision or management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
How I considered this complaint
I considered information provided by Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not have the power to investigate a complaint from a Council leaseholder about the management of their housing by the Council. This means we have no discretion to investigate Miss B’s complaint that the Council has not maintained the building in line with the lease agreement.
Final decision
We cannot investigate Miss B’s complaint because it is about the management of housing let on a long lease by the Council.
Investigator's decision on behalf of the Ombudsman