London Borough of Haringey (24 001 599)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 23 Sep 2024
The Ombudsman's final decision:
Summary: Ms X complains that the Council has failed to deal with an infestation of pests from a neighbouring property which is affecting her own property. We have discontinued our investigation as Ms X’s complaint concerns the Council’s actions in managing her and her neighbour’s properties. We cannot investigate complaints about the management of social housing.
The complaint
- Ms X complains the Council delayed in dealing with an infestation of pests at her neighbour’s property which has caused an infestation at her own property. She also complains the Council has failed to take sufficient action to eradicate the pests so she has lived with the infestation in her own property for over two years. This has caused significant distress to Ms X and caused her to incur expenses in treating the infestation.
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 have considered the complaint and the information provided by Ms X and discussed the issues with her. I have also invited Ms X and the Council to comment on the draft decision and considered any comments received.
What I found
- Ms X and her neighbours are Council tenants. Ms X complaint concerns the Council’s actions in dealing with an infestation of pests in her neighbour’s property which is also affecting her property. Ms X considers the Council delayed in instructing pest control to visit her neighbour’s property and did not take any action when her neighbour refused or delayed treatments.
- Ms X complaint concerns the actions of the Council in its role in managing her neighbour’s property as a social landlord. Any failure by the Council to deal with the infestation at Ms X’s property would also be in its role as her landlord. I therefore consider we cannot investigate Ms X’s complaint as the restriction set out in paragraph 2 above applies.
Final decision
I have discontinued my investigation as the complaint is outside our jurisdiction.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman