London Borough of Enfield (19 003 528)
The Ombudsman's final decision:
Summary: Mr X complained about the Council increasing the rent for a garage which he rents from the housing authority. The Ombudsman cannot investigate this complaint. This is because the garage is rented from a social housing landlord and the Ombudsman has no jurisdiction to investigate social housing landlords.
The complaint
- Mr X complains about the Council increasing the rent for his garage in 2018 because it says it is a ‘private let’. He says his partner is a tenant of the housing authority and that he is disabled. The increase will result in a considerable rise in the rental he has to pay over a year.
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 all the information which Mr X submitted with his complaint and he has commented on the draft decision.
What I found
- In early 2018 the Council told Mr X that the annual rental he had to pay for the garage which he rents would be increasing. It told him the agreement which he has is a ‘private let’ because he is not a tenant of the Council even though his partner is. Non-council garage agreements are subject to VAT and they do not receive the subsidy which council tenants are entitled to.
- Mr X complained to the Housing Ombudsman Service, but it told him it cannot investigate complaints from non-tenants about non-housing services provided by a social housing landlord. We cannot investigate complaints about social housing landlords unless they concern housing allocations or homelessness. This concerns the housing authority’s management of its estate.
Final decision
- The Ombudsman cannot investigate this complaint. This is because the garage is rented from a social housing landlord and the Ombudsman has no jurisdiction to investigate social housing landlords.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman