Birmingham City Council (25 016 612)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 31 Mar 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s management of a social housing tenancy. We have no jurisdiction to investigate complaints about tenancies managed by social housing landlords.
The complaint
- Mr and Mrs X complained about the Council’s failure to take action against their neighbour who is a Council tenant for breaches of the tenancy agreement which have led to nuisance from the condition of the property and noise from a dog and visitors. They say the housing officer involved with their complaint has been rude, dismissive and biased towards the tenant’s involvement.
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 considered information provided by the complainant and the Council’s responses.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr and Mrs X say the Council’s Housing authority have failed to take sufficient action against their neighbour who is a Council tenant. They say that the garden of the neighbour’s home is overgrown and unsightly and that trees are growing over the boundary and affecting their fence. The neighbour has shown anti-social behaviour by allowing a dog to bark all day and visitors stay at the property breaching the tenancy agreement.
- They complained to the Council and they say that the Housing officer dealing with their complaint has been rude and has disregarded their concerns in favour of the Council’s tenant. They asked the council to take action under the terms of the tenancy agreement but it has failed to do so.
- We cannot investigate this complaint which concerns the actions of the Council as a social housing landlord. We have had no jurisdiction to investigate complaints about tenancy management since 2013, and are statute-barred from doing so.
Final decision
- We cannot investigate this complaint about the Council’s management of a social housing tenancy. We have no jurisdiction to investigate complaints about tenancies managed by social housing landlords.
Investigator's decision on behalf of the Ombudsman