Birmingham City Council (19 018 736)

Category : Housing > Other

Decision : Closed after initial enquiries

Decision date : 20 Feb 2020

The Ombudsman's final decision:

Summary: Mr X complains his property has been damaged due to the disrepair of the neighbouring property which is Council owned. The Ombudsman cannot investigate as he has no remit to investigate the actions of the Council as a social housing landlord.

The complaint

  1. Mr X complains his property has been damaged due to the disrepair of the neighbouring property, which is Council owned.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I have considered what Mr X said in his complaint.

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What I found

  1. Mr X says damp has been caused at his property due to a broken gutter at the neighbouring property, which is Council owned. Mr X wants the Council to carry out a proper repair.

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Final decision

  1. My decision is that the Ombudsman cannot investigate Mr X’s complaint as it relates to the Council carrying out its function as a social housing landlord. Such complaints are outside the Ombudsman’s legal remit.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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