Summary: We cannot investigate this complaint about disrepair in a social rented property. We have no jurisdiction not investigate complaints about the management of tenancies by social housing landlords. There is no evidence that the Council has failed to process a housing application by Miss X.

The complaint

1. Miss X complained about the Council’s failure to deal satisfactorily with disrepair in her social rented home. she says she should be compensated and rehoused in the same area by the Council.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, 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 the 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. Miss X says she has had problems with dampness and disrepair in her council -rented home since she took the tenancy in 2000. She says that over the past 20 years she has had several repairs involving treatment for rising and penetrating damp and that it has not been successful. In addition, she has taken successful legal action under the provisions of the Landlord and Tenant Act 1985 to obtain orders against the Council to have the work completed. Despite this further damp proofing work is required.
7. We have no jurisdiction to investigate complaints about social housing landlords in their tenancy management role. Disrepair in social housing falls within the remit of the Housing Ombudsman service.

Miss X asked to be re-housed in a similar size property in her area. She has sent no evidence of making a housing application to the Council’s housing register. The Council has advised her how to make a housing application in its response to her complaint.

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Final decision

8. We cannot investigate this complaint about disrepair in a social rented property. We have no jurisdiction not investigate complaints about the management of tenancies by social housing landlords. There is no evidence that the Council has failed to process a housing application by Miss X.

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Investigator's decision on behalf of the Ombudsman