Summary: Ms X complained about conditions in her social rented home and the Council’s failure to give her priority for a transfer. The Ombudsman cannot investigate this complaint. This is because it concerns the management of tenancies by a social housing landlord and is outside the Ombudsman’s jurisdiction.

The complaint

1. The complainant, whom I shall call Ms X, complains about the Council’s failure to deal with repairs and environmental problems in her council home. She says she would like to be transferred either temporarily until the problems are resolved or permanently to a new tenancy.

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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 have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response and Ms X has commented on the draft decision.

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What I found

4. Ms X says her council home has problems with noise from construction work in her area, high temperatures in summer and recent incidents of bed bugs. The Council landlord told her it has no control over building and demolition work or over high temperatures in a summer heatwave. Bed bugs are a personal hygiene issue and not treated by council services because they are not property related.
5. Ms X asked to be considered for a transfer or a swap within the Council’s area, even if only for a temporary period. She is on the transfer list but does not fall within a reasonable preference category.
6. The Ombudsman cannot consider complaints about social housing tenancy matters. We can only consider complaints from tenants about transfer applications where they have reasonable preference under the Housing Act 1996.
7. Ms X has submitted a complaint to the Housing Ombudsman Service which is the proper authority to consider complaints about social housing landlords.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because it concerns the management of tenancies 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