Summary: We cannot investigate this complaint about disrepair in a council-rented property. It was reasonable for Mr X to make a complaint to the housing Ombudsman but he has started a legal disrepair claim against the Council instead.

The complaint

1. Mr X complained about the condition of his Council rented home which he signed the tenancy for in 2023. He says that since then the property has suffered from various disrepair issues including gas and water leaks causing mould growth which he says is affecting his family’s medical conditions.

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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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X says he was offered a council tenancy in 2023. Since he moved in he has experienced leaks from pipework and external panels,, signs of mice infestation and problems with the ceilings and doors. He has reported the incidents as they have occurred and some are ongoing.
7. The Council says Mr X’s home is not uninhabitable and it has responded to his repair requests. It says he has now issued a disrepair claim through solicitors under s.11 of the Landlord and Tenant Act 1985.
8. We cannot investigate complaints about disrepair in social rented housing. This jurisdiction was transferred to the Housing Ombudsman in 2013. Mr X has initiated a legal disrepair claim against the Council and even if we retained our housing jurisdiction we cannot investigate where someone has started a court action against the Council.

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Final decision

9. We cannot investigate this complaint about disrepair in a council-rented property. It was reasonable for Mr X to make a complaint to the housing Ombudsman but he has started a legal disrepair claim against the Council instead.

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Investigator's decision on behalf of the Ombudsman