Summary: We will not investigate Mr X’s complaint that the Council failed to take appropriate enforcement action when he reported a leaking toilet from another flat. There is not enough evidence to justify an investigation.

The complaint

1. Mr X complains the Council failed to take enforcement action against the landlord over a leaking toilet in another flat. Mr X says the leak is causing sewage to enter his property which is a health hazard.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Private tenants may complain to their council about a failure by the landlord to keep the property or building in good repair. Councils have powers under the Housing Health and Safety Rating System to take enforcement action against private landlords where it has identified a hazard which puts the health and safety of the tenant at risk. Depending on the seriousness of the hazard, a council either must, or can, take appropriate enforcement action.
6. Mr X is the owner of a leasehold flat. The landlord is a private company. Mr X reported a leaking toilet to the Council from an upstairs flat which he said was causing sewage to drip from his ceiling.
7. Two Council officers carried out two separate site visits. Mr X confirmed at the second visit that there had not been a leak for three weeks. The Council did not identify a hazard and closed the case. It informed Mr X he could contact it again if the leak happened again.
8. The Council took appropriate action when Mr X reported a potential hazard. It carried out site visits and told him he can contact them again if the problem reoccurs. Therefore, we will not investigate this complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman