Summary: We will not investigate this complaint about the Council’s failure to move a tenant from a social housing tenancy due to disrepair. We cannot investigate complaints about tenancy management and disrepair by social housing landlords.

The complaint

Mrs X complained about the Council’s failure to move her from her social rented home to a more suitable one due to disrepair and concerns about asbestos in her home.

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The Ombudsman’s role and powers

1. 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

2. I considered information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mrs X says she has been a Council tenant for 12 years and that her home has suffered from dampness and mould on more than one occasion. The Council has carried out mould treatments and fitted trickle and mechanical ventilation. On the last survey the Council advised that the ventilation and heating systems were not being used.
5. The council proposed to use a contractor to deal with the mould but Mrs X says she wants to be moved to another flat because she has been unable to have the problems resolved and last year was concerned there may be asbestos in the ceiling. The Council says it carried out a survey and no asbestos has been found in the flat.
6. Mrs X wanted the Council to give her a direct management transfer to another property. The Council considered her application at a management panel but decided that she was not eligible because the work could be carried out to improve her home and she rejected an offer to temporarily decant her to carry out further damp/mould treatment.
7. Mrs X is not currently on the housing register for normal allocation under the Council’s allocations policy. We can only investigate complaints about allocations under the Housing Act 1996 part 6 provisions. Discretionary management transfers and decants to temporary housing due to repairs are not within our jurisdiction and fall within the remit of the Housing Ombudsman Service.

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Final decision

8. We will not investigate this complaint about the Council’s failure to move a tenant from a social housing tenancy due to disrepair. We cannot investigate complaints about tenancy management and disrepair by social housing landlords.

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Investigator's decision on behalf of the Ombudsman