Summary: We will not investigate this complaint about the Council’s failure to take action against a social housing landlord over an energy performance certificate. It was reasonable for Ms X to complain to the Housing Ombudsman about any breaches of her tenancy conditions by the landlord.

The complaint

1. Ms X complained about the Council’s failure to take action against her housing association landlord because it has not provided her with an up-to-date Energy Performance Certificate (EPC) for her rented home.

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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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Ms X says her social housing home is cold and damp because of inefficient heating and insulation. She says there is no current EPC for her home and when she complained to the Council it refused to take action against her landlord.
7. The Council told Ms X that it had contacted the social housing landlord and that the landlord was willing to improve the heating system to meet Decent Homes Standards.
8. The local authority is responsible for enforcing the 2018 Minimum Energy Efficiency Standard (MEES) which was introduced to improve the energy efficiency of privately rented homes and buildings. The standard only applies to the private sector. Social housing landlords may have EPC’s available for some of their homes but it is not a requirement. If an EPC was available for Ms X’s home but it has not been provided this would be a tenancy matter and she could pursue a complaint with the Housing Ombudsman Service. We have no jurisdiction to investigate social housing landlords with regard to tenancy conditions or disrepair.
9. The Council has responded to Ms X’s complaint and explained to her what action it can and cannot take. There is no fault in how it considered his complaint.

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Final decision

10. We will not investigate this complaint about the Council’s failure to take action against a social housing landlord over an energy performance certificate. It was reasonable for Ms X to complain to the Housing Ombudsman about any breaches of her tenancy conditions by the landlord.

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Investigator's decision on behalf of the Ombudsman