Summary: Mr X complained about the Council’s failure to take sufficient action over dry rot which he says spread from one of its rented properties into his home in 2007. The Ombudsman cannot investigate this complaint. This is because the complaint relates to property managed by a social housing landlord and is outside our jurisdiction. It was reasonable for Mr X to seek a remedy in the courts for his claim of negligence on the neighbouring landlord’s part.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council failing to take sufficient action over the spread of dry rot from one of its rented properties which is connected to his home.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I have considered all the information which Mr X submitted with his complaint and he has been given the opportunity to comment on the draft decision.

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What I found

6. Mr X’s home shares a party wall with an adjoining council housing property. He says in 2007 he discovered that his floor had suffered from dry rot which he says had spread from the neighbouring house. The Council eventually decanted the tenants and rectified the fault at great expense. He says he is claiming £28,000 for the repairs and redress to his own property. He says the Council referred the matter to its insurers and he has not yet received the outcome.
7. Since 2013 the Ombudsman has no authority to investigate complaints about the management of housing by social landlords. This is an absolute bar to our jurisdiction with no discretion. Mr X is claiming that the Council housing service was negligent, and this is a legal tort which can only be determined by insurers or the courts where no liability is accepted.
8. The Ombudsman has no jurisdiction to investigate this complaint.

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Final decision

9. The Ombudsman cannot investigate this complaint. This is because the complaint relates to property managed by a social housing landlord and is outside our jurisdiction. It was reasonable for Mr X to seek a remedy in the courts for his claim of negligence on the neighbouring landlord’s part.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman