Summary: We cannot investigate this complaint about how the Council dealt with reports of disrepair to a social rented property. This is because we have no jurisdiction to investigate complaints from tenants about social housing landlords.

The complaint

1. Ms X complains about how the Council dealt with her reports of disrepair in her council rented property. Ms X seeks compensation and to be added to the housing register with the highest priority.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

7. We cannot investigate Ms X’s complaint about disrepair in her council rented property.  Ms X is a social housing tenant and complaints about disrepair should be submitted to the Housing Ombudsman service which is the body which deals with these matters. We have no jurisdiction to consider these complaints.
8. Ms X has also commenced legal proceedings against the Council in relation to the disrepair. Even if there were elements that fell within our jurisdiction, rather than the Housing Ombudsman’s, we could not investigate. This is because we cannot investigate something that has been subject to court proceedings.

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Final decision

9. We will not investigate Ms X’s complaint because we have no jurisdiction to investigate complaints about social housing landlords

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Investigator's decision on behalf of the Ombudsman