Summary: Mrs X complained about the Council’s failure to resolve noise problems which she reported about the flat below her. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation. We cannot investigate related tenancy matters which she complained about because we have no jurisdiction to investigate social housing landlords.

The complaint

1. Mrs X complained about the Council’s failure to prevent noise from a flat below her causing disturbance. She and the tenant below are social housing tenants and she has involved the housing landlord and the Council’s Environmental services team without finding a solution to her complaints.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. 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

4. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response. Mrs X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Mrs X complained to the Council in 2020 about noise from the tenant below her. She listed domestic noise from when his carer visited and other noises such as coughing, sneezing and yawning which she says she can hear clearly due to there being laminate flooring in his flat rather than carpet. She said that she had no problems with previous tenants who had carpets. She also says she can hear the central heating boiler and running taps clearly in her flat.
6. The Council sent five officers on three separate occasions to listen, and they concluded that there was no noise which would constitute a statutory nuisance. They could not hear a continuous hum or vibration which she said was clearly audible when they attended.
7. Statutory noise nuisance has to be witnessed or recorded to the satisfaction of an officer that it is likely to be present and causing harm to someone. In this case no such evidence was found and the Council could not take action over ordinary domestic noise associated with everyday living.
8. Mrs X complained about some tenancy issues involving her landlord. We have no jurisdiction to investigate tenancy or management matters concerning social housing landlords.

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Final decision

9. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation. We cannot investigate related tenancy matters which she complained about because we have 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