Summary: We will not investigate Mr X’s complaint because the complaint is about the management of housing let on a long lease by the Council and the law does not allow us to investigate these complaints.

The complaint

1. Mr X complain the Council failed to ensure it complied with conditions attached to Listed Building Consent granted for a building it owned. Mr X says he has since bought a flat within the property and is faced with the cost of putting works right. Mr X is also unhappy with the way the Council has drafted the lease for the property.
2. Mr X says the Council’s actions have caused him significant distress and caused him unnecessary time and trouble.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about the provision or 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)

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How I considered this complaint

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

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My assessment

7. The freehold for the property Mr X lives in is owned by the Council. The Council lets the flat to Mr X on a long lease and the Council is a registered social housing provider. Therefore, we cannot investigate this complaint. These complaints are dealt with by the Housing Ombudsman Service.

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Final decision

8. We will not investigate Mr X’s complaint because the complaint is about the management of housing let on a long lease by the Council and the law does not allow us to investigate these complaints.

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Investigator's decision on behalf of the Ombudsman