The Ombudsman's final decision
Summary: We have ended our investigation into Mr X’s complaint that the Council failed to prevent leaks from a flat above the property he owns. This is because the Ombudsman does not have the power to investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider.
The complaint
The complainant, whom I shall refer to as Mr X, complains the Council failed to prevent leaks from a Council flat above his flat which he owns, and rents out. He says his tenants told him they will leave due the leaks.
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 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 have discussed the complaint with the complainant and considered the complaint and the copy correspondence provided by the complainant. Mr X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.
What I found
Mr X says the Council has failed to properly repair leaks from the flat above his own flat over a period of nearly two years. His tenants have been inconvenienced and say they are planning to leave. Mr X says he has been affected financially due to the impact on his property.
The Council is responsible for repairs to its own social housing properties and for its management of complaints from leaseholders in its properties.
This complaint is regarding the management of social housing by a registered social housing provider. Therefore, as I explain in paragraph 3, the Local Government and Social Care Ombudsman cannot investigate it.
The Housing Ombudsman considers complaints about the management of social housing. Mr X may make a complaint to the Housing Ombudsman. He could alternatively pursue an insurance claim against the Council.
Final decision
The complaint is outside of the Local Government and Social Care Ombudsman’s jurisdiction. I have ended our investigation and closed the complaint.
Investigator's decision on behalf of the Ombudsman