The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council would not take enforcement action against a neighbouring property causing damage to his own. Ther is not enough evidence of fault in how the Council considered the matter to justify our involvement.
The complaint
Mr X is a private landlord. He rents his flat out. He said a leak from an upstairs flat had caused significant damage to his property, putting his tenants at risk. He complained the Council had not taken enforcement action to access the above flat to allow repairs. He wanted the Council to assist in resolving the issue, which he said was causing him significant distress.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The flat above Mr X is also privately owned with a tenant in situ. Therefore, it is that landlord’s responsibility to gain access to the flat to complete any repair works necessary. Any difficulty in gaining access is between that landlord and their tenant.
Although the Council initially tried to mediate to allow the repairs to take place, it has since said it is a private matter between Mr X and the other landlord. There is not enough evidence of fault in how the Council reached that decision to justify our involvement. As a private matter, it is reasonable for Mr X to seek his own legal advice on the best way to resolve the matter.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman