Summary: We cannot investigate this complaint about a Council property which the complainant says is damaging her home. This is because we have no power to investigate a council when it is acting as a landlord.

The complaint

1. The complainant, whom I refer to as Ms X, complains that the property next door, which the Council owns and rents to tenants, is damaging her home. Ms X wants the Council to change the neighbour’s roof to a pitched roof that slopes away from her home.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.

Back to top

My assessment

5. Ms X lives next to a Council tenant who lives in property A. Ms X owns her home. Ms X says the pitch of the roof of property A allows water to damage her home. The Council’s housing service did some repairs to property A but Ms X says it has not resolved the problem. Ms X wants the Council to change the roof of property A from a flat roof to a pitched roof.
6. A Council worker did some work to Ms X’s home. He did the work as a private arrangement with Ms X. He worked in his own time, using his own materials and without the knowledge of the Council. Ms X says the work he did has not resolved the problem.
7. I cannot investigate this complaint because I have no power to investigate a council when it is acting as a landlord. The Council was acting in its capacity as a landlord when it arranged repairs for property A and it would be for the Council, as the landlord, to decide whether it should replace property A’s roof. All the actions regarding this complaint have, or need to be, made by the Council acting as a landlord so I cannot start an investigation. I have no power to tell the Council to do further repairs or to replace the roof.

Back to top

Final decision

8. I cannot start an investigation because I cannot investigate a council when it is acting as a landlord.

Back to top

Investigator's decision on behalf of the Ombudsman