The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has responded to complaints about Mrs X’s landlord. This is because we cannot investigate complaints where someone has a right of appeal to Tribunal. Mrs X has a right of appeal to Tribunal regarding her landlord’s service charges and there is no reason why she cannot pursue this.
The complaint
Mrs X complains the Council has failed to help her deal with her landlord of the building where she is a leaseholder. Mrs X says that the landlord has billed her for the costs of repairs and increased service charges. Mrs X says the landlord has refused to provide her with details of its finances.
Mrs X says she is unable to sell her flat until the matter is resolved and this is causing her significant distress and financial hardship.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If Mrs X believes the landlord’s service charges, including charges for repairs, are unfair she can appeal to the First-Tier Tribunal (Property Chamber). There is no reason why Mrs X cannot pursue this right of appeal and so we cannot investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because she has a right of appeal to Tribunal and there is no reason why she cannot pursue this.
Investigator's decision on behalf of the Ombudsman