Complaints about repairs to your council property
This fact sheet is aimed primarily at council tenants who have problems about the way the council is dealing with repairs to their council-owned property and may be considering making a complaint to the Ombudsman.
I have a problem with repairs not being done in my council house/flat. Can I complain to the Ombudsman?
- In many cases, yes. But you need to check whether the repairs about which you want to complain are the responsibility of the council and not your responsibility as a tenant.
- By law the council has duties and responsibilities to carry out certain repairs. It must keep in repair the structure and outside of your property (including drains, gutters and external pipes). It must also keep in repair and proper working order the installations in your property for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and keep in repair and proper working order the installations for heating your property and for heating water.
- The council must also ensure that an annual safety check is carried out on all gas installations and appliances and you should be given a copy of a safety certificate after the check has been done.
- There may be other repairs for which your council has also taken responsibility. When you signed up for your council tenancy you would have been given a tenancy agreement and this should set out the repairs for which the council is responsible and those that you need to do yourself.
How do I complain?
- You should normally complain to the council first. Councils often have more than one stage in their complaints procedure and you will usually have to complete all stages before we will look at your complaint.
- Then, if you are unhappy with the outcome, or the council is taking too long to look into the matter – we think 12 weeks is reasonable – you can complain to us.
- You should normally make your complaint to us within 12 months of realising that the council has done something wrong.
- To complain to the Ombudsman phone our Advice Team on 0300 061 0614 (8.30am to 5.00pm, Mondays to Fridays). You will be able to discuss your complaint with one of our advisers. You can text us on 0762 480 4299.
- You can complete an online complaint form.
If you can consider my complaint what will the Ombudsman look for?
We consider whether the council has done something wrong in the way it went about dealing with your request for a repair which has caused you problems. Some of the issues we might be able to look at are if the council:
- delayed in dealing with your request for a repair
- missed several appointments
- did not solve the problem by doing the repair, or the quality of the work was poor.
What happens if the Ombudsman finds the council was at fault?
It depends on what went wrong and how that affected you. If we find that something has gone wrong in the way the council dealt with your request for a repair we can ask it to:
- take action to put the matter right
- pay compensation for any financial loss such as damage to your belongings because of deteriorating conditions in your home or loss of earnings for missed appointments, or
- pay compensation for the effect on you and your family of living longer than necessary with the disrepair.
Examples of some complaints we have considered
Mr B complained that when he moved into his property the council agreed to repair a number of windows which had rotten frames. The lounge window had been partially boarded up for safety reasons. It was decided that the property should be put on the council’s double glazing programme which would mean the windows and frames would be replaced. The council delayed for 19 months in actually putting the property on the programme. Mr B also complained about a roof leak into the lounge. The council took 12 months to carry out the repair satisfactorily. Because of the boarded window and the roof leak Mr B was not able to use his lounge for considerable periods. The council carried out the repairs; apologised to Mr B and paid him compensation of £1,000 for the distress and inconvenience he had suffered and for the time and trouble he had taken in trying to get his complaint resolved.
Mr R complained that the council had failed to repair a leaking drainpipe outside his flat which had caused damage to his internal decorations and some of his possessions. It had not compensated him and had ignored his complaints. The council carried out the repair; paid compensation of £300 for the delay in carrying out the repair; paid £300 towards the cost of washing, repairing or replacing Mr R’s damaged possessions and gave him a decoration allowance so that he could redecorate the affected room. It also reviewed the way it monitored complaints and their outcome.
Other sources of information
Our fact sheets give some general information about the most common type of complaints we receive but they cannot cover every situation. If you are not sure whether we can look into your complaint, please phone 0300 061 0614.
The Local Government Ombudsmen provide a free, independent and impartial service. We consider complaints about the administrative actions of councils and some other authorities. We cannot question what a council has done simply because someone does not agree with it. If we find something has gone wrong, such as poor service, service failure, delay or bad advice and that a person has suffered as a result the Ombudsmen aim to get it put right by recommending a suitable remedy.
Date Updated: 12/09/11