Summary: Mr X complained about the Council’s failure to prevent noise from his neighbour’s children and damage to his van and fence by its tenants. The Ombudsman cannot investigate this complaint. This is because it concerns the actions of a social housing landlord and the management of its tenants. The Ombudsman has no jurisdiction to investigate social housing landlords.

The complaint

1. The complainant, whom I shall call Mr X, complained about his neighbours causing damage to his van and placing rubbish against his fence. He also says the neighbours do not prevent their children from causing noise when playing in the street and in their garden. He wants the Council to uphold his claim for damage to his property.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has commented on a draft copy of my decision.

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What I found

4. Mr X complained to the Council when his van was hit by a neighbour’s bin lid. He made an insurance claim against the Council landlord but his was rejected by its insurers. If he wishes to pursue the claim further, he would need to consider taking action in the small claims court.
5. He also complained about the neighbours, who are tenants of the Council, placing rubbish in their garden against his boundary fence. The Council landlord said it would remind the tenants of their tenancy conditions. The Council told him that it would not be able to take action over his complaints about noise from his neighbour’s children playing in the street or their garden. This is because this is not anti-social behaviour or noise nuisance and does not involve any breach of tenancy conditions.
6. Since 2013 the Ombudsman has had no authority to investigate complaints about Council social housing landlords and how they manage their properties. This means we have no jurisdiction to consider Mr X’s complaint.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because it concerns the actions of a social housing landlord and the management of its tenants. The Ombudsman has no jurisdiction to investigate social housing landlords.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman