Summary: The Ombudsman cannot investigate this complaint about damage to the complainant’s house by a neighbouring property which is owned by the Council and rented to tenants. This is because the Ombudsman cannot consider complaints about a Council when it is acting as a landlord.

The complaint

1. The complainant, whom I refer to as Mr X, complains that a neighbouring house managed by the Council and rented to tenants has caused damage to his own house.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered the complaint from Mr X and the information he provided. I also considered information from the Council and Mr X’s comments on my draft decision.

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What I found

What happened

5. Mr X owns a home and lives next door to a Council owned house which is rented to tenants. In February 2020, there was a leak in the Council owned property. The Council completed a repair on the property; however, Mr X complains that his property has suffered damage from the leak which is having an impact on his family.
6. Mr X complained to the Council about the damage, and the complaint was passed to its insurers to assess the damage. The Council and its insurers could not uphold the complaint due to a lack of evidence of fault. It directed Mr X to seek legal advice or liaise with his insurance company.
7. Mr X would like the Council to complete repairs on his house to ensure it is safe.

Assessment

8. By law, we are not permitted to investigate complaints about councils acting as a landlord. As Mr X’s complaint is about a Council managed house causing damage to his house, I cannot investigate this complaint.

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Final decision

9. I cannot investigate this complaint. This is because the Ombudsman cannot investigate complaints relating to the Council acting as a landlord.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman