London Borough of Lambeth (24 000 168)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 15 May 2024
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council decanting a tenant into unsuitable accommodation following her own tenancy being inaccessible due to a leak. We have no jurisdiction not investigate complaints about the management of social housing tenancies including decants into other accommodation.
The complaint
- Miss X complained about the suitability of temporary decant accommodation offered to her by her Council landlord following a leak into her social-rented flat.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered the information provided by the complainant and the Council’s response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X rents her home form the Council and she had to move to alternative accommodation following a leak into her home which made it no longer possible to occupy until repaired. She says she has been offered unsuitable decant accommodation and the Council has accepted this may be the case and offered alternatives which it says she has refused.
- Miss X remains the tenant of her original home and the Council is the landlord and has responsibility for repairing it and housing her whilst this takes place. Since 2013 we have had no jurisdiction to investigate complaints from social housing tenants about tenancy management by their landlords. Decants and repair obligations fall within the remit of the Housing Ombudsman Service and she will need to submit a complaint that body about the Council’s actions.
Final decision
- We cannot investigate this complaint about the Council decanting a tenant into unsuitable accommodation following her own tenancy being inaccessible due to a leak. We have no jurisdiction not investigate complaints about the management of social housing tenancies including decants into other accommodation.
Investigator's decision on behalf of the Ombudsman