The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to enforce its conditions of tenancy on Mrs X’s neighbours. We cannot investigate complaints about the management of tenancies by social housing landlords.
The complaint
Mrs X complained about the Council’s failure to enforce the conditions of her neighbour’s tenancy following her complaints about their behaviour. She says the garden is neglected and their dog uses it as a toilet. She also complained about smells of cannabis which she can detect in her own home. She wants the Council to enforce its tenancy conditions or move her neighbours elsewhere.
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 the information provided by the complainant and the Council’s responses.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X owns her home and is complaining about the Council’s tenants who are her neighbours. She says their dog uses the garden as a toilet and this causes nuisance and health risks. She also complained to the Council about the tenants’ neglect of their garden which is overgrown and the smell of smoking cannabis which she has noted coming into her own home.
The Council housing landlord has investigated her complaints and told her that the tenants do not meet the threshold for breaching their agreement which would warrant notice action. It has cleared some of the garden overgrowth and advised Mrs X that she could contact the Environmental Services noise team if she believes the neighbours’ dog is barking excessively.
The Council says it found no evidence of drug-taking from its visits to the property. If the Police convicted a tenant of drug offences then it may use this as a basis for tenancy enforcement action.
Since 2013 we have had no authority to investigate complaints about social housing landlords in tenancy management matters. The complaint has been handled by the social housing landlord only and concerns breaches of tenancy terms. The Housing Ombudsman service is responsible for investigating social housing landlords but Mrs X is a private owner and she is likely to be ineligible to complain to either Ombudsman about the landlord’s inaction.
Final decision
We will not investigate this complaint about the Council’s failure to enforce its conditions of tenancy on Mrs X’s neighbours. We cannot investigate complaints about the management of tenancies by social housing landlords.
Investigator's decision on behalf of the Ombudsman