Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s handling of housing management issues made on behalf of residents who occupy their homes as leaseholders. This is because the complaint falls outside our jurisdiction and should be made to the Housing Ombudsman.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s handling of housing management issues on behalf of members of a residents association, the majority of whom are leaseholders.

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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 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

4. In considering the complaint I reviewed the information provided by Mr X and the Council. I gave Mr X the opportunity to comment on my draft decision and considered what he said.

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What I found

5. Mr X and the majority of members of the residents association on whose behalf he complains are leaseholders in a Council-owned building.
6. Mr X has highlighted a number of concerns residents have in relation to the Council’s management of the building.
7. Mr X maintains the complaint falls within our jurisdiction. However, in setting out matters which are not subject to our investigation, the Local Government Act 1974, paragraph 5B, schedule 5, as amended says “In the case of a local authority which is a registered provider of social housing, action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).]” and this restriction applies to Mr X’s complaint.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because we cannot investigate complaints about the provision or management of housing let on a long lease by a council.

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Investigator's decision on behalf of the Ombudsman