The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to investigate a complaint regarding disrepair for a house purchased from a private company. The Council is not responsible for carrying out repairs for a private property.
The complaint
Mr X and Ms Z say they bought a house from a property developer in 2018. However, the extractor fan has never worked. They say when they complained to the Council it said it was not responsible for the situation.
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 a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
I considered information provided by Mr X and Ms Z.
I considered the Ombudsman’s Assessment Code.
My assessment
The property purchased by Mr X and Ms Z was bought form a private company.
As a result, the Council is not responsible for any repairs. This is a civil matter.
Therefore, we cannot investigate this complaint as it is out of our jurisdiction.
Final decision
We will not investigate Mr X and Ms Z’s complaint because the Council is not responsible for repairing a private property.
Investigator's decision on behalf of the Ombudsman