Summary: Mr X complained about the Council landlord’s failure to resolve a problem with root damage from a neighbouring protected tree. We cannot investigate this complaint. This is because it concerns management of a leased property by a social housing landlord and is outside the Ombudsman’s jurisdiction.

The complaint

1. Mr X complained about the failure of the Council and its property insurers to seek the removal of a tree protected by a preservation order (TPO) from neighbouring land. He says he complained initially to his own insurers in 2017 and the Council landlord became involved in 2019 but the order remains in place. He says his home is being damaged by roots from the tree.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of housing let on a long lease by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5B, 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 been given an opportunity to comment on a draft copy of my decision.

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What I found

4. Mr X says he first complained to his insurers about root damage to his property in 2017. In 2019 the loss adjusters for the insurers applied to the Council planning authority to have the tree’s TPO removed so that it could be felled. The application was refused and they did not appeal.
5. In 2019 the Council’s insurers who are responsible for the remaining properties were made aware of the problem. After monitoring the site for some months, they were due to submit an application for TPO removal in July 2020. This was delayed until November 2020.
6. Mr X complained to us in October 2020. We have no jurisdiction to investigate the Council in its landlord function administering the leasehold. We can investigate the actions of council planning authorities but the authority in this case had not received the application when Mr X complained to us. If it had, we could not investigate because the 8-week statutory period to decide the application had not expired. Any failure to decide the application or to refuse it carries a right of appeal to the Planning Inspectorate which is the proper authority to determine TPO appeals. It would be reasonable for Mr X’s landlords or their insurers to appeal the decision.

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Final decision

7. We cannot investigate this complaint. This is because it concerns management of a leased property by a social housing landlord and is outside the Ombudsman’s jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman