Summary: We will not investigate this complaint about the Council’s investigation of complaints about a council tenant’s behaviour. We cannot investigate complaints about tenancy management by social housing landlords.

The complaint

1. Miss X complained about the Council’s failure to take sufficient action against a neighbour who is a council tenant and who constantly screams and has made verbal threats to her. She says she has been forced to let her home which she owns on a lease due to the failure of the Council to remove the tenant.

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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 considered the information provided by the complainant and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says she has been frequently disturbed by a neighbour who is a Council tenant in the block where she has a leasehold flat. She has reported the problems to the Council’s housing authority which is the landlord of the block. The Council says it has investigated her complaint and spoken with the neighbour. The Council says the neighbour suffers from mental health problems and has contact with the Community Mental health Team. It cannot divulge any further third-party information due to GDPR data protection restrictions.
6. Miss X says she has submitted noise records to the housing landlord and also contacted the Police but no action has been taken against the tenant. Because the tenant more recently made a verbal threat against her, she has been forced to rent her home to a tenant and incurred costs in lease changes and removal costs. She wants the Council to compensate her for her losses but it has refused to do so.
7. We cannot investigate complaints about tenancy management by social housing landlords. Since 2013 this has been outside our jurisdiction. The social housing landlord has investigated her complaint and if Miss X remains dissatisfied she could consider taking legal action against the Council or its tenant. She may also be able to complain to the Housing Ombudsman Service about breaches of the Council’s obligations as freeholder of the building to ensure her leased home is not affected by its inaction.

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Final decision

8. We will not investigate this complaint about the Council’s investigation of complaints about a council tenant’s behaviour. We cannot investigate complaints about tenancy management by social housing landlords.

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Investigator's decision on behalf of the Ombudsman