Summary: We will not investigate this complaint about the Council’s failure to investigate a complaint regarding disrepair for a house purchased from a private company. The Council is not responsible for carrying out repairs for a private property.

The complaint

1. Mr X and Ms Z say they bought a house from a property developer in 2018. However, the extractor fan has never worked. They say when they complained to the Council it said it was not responsible for the situation.

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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 a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and Ms Z.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The property purchased by Mr X and Ms Z was bought form a private company.
7. As a result, the Council is not responsible for any repairs. This is a civil matter.
8. Therefore, we cannot investigate this complaint as it is out of our jurisdiction.

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Final decision

9. We will not investigate Mr X and Ms Z’s complaint because the Council is not responsible for repairing a private property.

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Investigator's decision on behalf of the Ombudsman