Summary: Miss X complained about the Council’s failure to maintain her roof and solar panels which it has mounted there. The Ombudsman cannot investigate this complaint. This is because Miss X is a leaseholder of the property and leasehold repairs and maintenance services are not within the Ombudsman’s jurisdiction.

The complaint

1. The complainant, whom I shall call Miss X, complained about the Council failing to properly maintain solar panels which are installed on the roof of her leasehold home. She says she had to pay contractors to provide mesh to prevent pigeons entering the roof space due to the panels and wants repayment for this.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of housing let on a long lease by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

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How I considered this complaint

3. I have considered all the information which Miss X submitted with her complaint. I have also considered the Council’s response. Miss X has been given an opportunity to comment on a draft copy of my decision.

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What I found

4. Miss X complained in 2019 to the Council about pigeons entering her roof space in connection with solar panels which are owned by the Council. She said that her guttering was filled with debris and that she had to pay workmen to prevent pigeons gaining access. She also says her guttering was damaged by council contractors working on a neighbouring property.
5. Since 2015 the Ombudsman has had no jurisdiction to investigate complaints about disrepair or services to leaseholders of former council properties. Miss X’s complaint is about the Council acting as a social housing landlord and it has advised her to complain to the Housing Ombudsman service, which is the proper authority to consider complaints from leaseholders.

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Final decision

6. The Ombudsman cannot investigate this complaint. This is because Miss X is a leaseholder of the property and leasehold repairs and maintenance services are not within the Ombudsman’s jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman