Bristol City Council (23 016 132)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s investigation of neighbour nuisance caused by its tenants in a block of flats. We have no jurisdiction to investigate the actions of social housing landlords in tenancy matters.
The complaint
- Mr X complained about the Council’s failure to prevent noise from two of his neighbours in a block of four flats in which he is a leaseholder. He says that the Council should enforce the tenancy conditions and the Good Neighbourhood Agreements which they signed with the social housing landlord.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says he has suffered noise nuisance from two council tenants in the block of flats where he lives for the past 6 years. He has involved the Neighbourhood Enforcement team and the estates management staff of the housing authority and submitted notes and recordings as evidence. The Council closed his case in April 2023 because it said the recorded noise levels were not unreasonable as household noise and would not be a statutory nuisance.
- Since this time Mr X has complained about the Council’s failure to enforce Good Neighbour Agreements which its tenants have previously signed with the landlord. He also says the tenants should be made to comply with their tenancy conditions related to nuisance.
- We have no jurisdiction to investigate complaints about the management of tenancies by social housing landlords, including councils. This falls within the jurisdiction of the Housing Ombudsman service. The Council advised Mr X to complain to that body in November 2023 and because he is a leaseholder with the Council he is entitled to use that service.
Final decision
- We cannot investigate this complaint about the Council’s investigation of neighbour nuisance caused by its tenants in a block of flats. We have no jurisdiction to investigate the actions of social housing landlords in tenancy matters.
Investigator's decision on behalf of the Ombudsman