The Ombudsman's final decision
Summary: We cannot investigate this complaint about a social housing landlord allowing soil to build up against Mrs X’s home. We have no jurisdiction to investigate the management of estate land by social housing landlords.
The complaint
Mrs X complained about a social housing landlord allowing soil to build up against the gable wall of her home which she says may cause damage to the structure as it is above the damp-proof course and air bricks.
The Ombudsman’s role and powers
We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained about her property being affected by soil build-up against the gable wall which she says is due to negligence by the social housing provider which owns the land. She complained to the authority stating that she believes the soil has caused dampness and cracking and that it should be removed and any damage inspected at the authority’s expense.
The housing provider told Mr X that she is an owner and that responsibility for any defects with her home should have been decided when she purchased it. It denied any liability and advised her to submit a claim which it will refer to its insurers if she disputes this.
Since 2013 we have had no jurisdiction to investigate complaints about the actions of social housing landlords and cannot do so by law. The land is managed by the social housing company and it has dealt with Mrs X’s complaint. It directed her to the Housing Ombudsman Service which deals with housing landlords and to its insurers if she intends making a legal claim.
Final decision
We cannot investigate this complaint about a social housing landlord allowing soil to build up against Mrs X’s home. We have no jurisdiction to investigate the management of estate land by social housing landlords.
Investigator's decision on behalf of the Ombudsman