Summary: We cannot investigate this complaint about the Council’s responses to a complaint about the behaviour of its tenants by a neighbour. We have no jurisdiction to investigate the actions of social housing landlords in the management of tenancies.

The complaint

1. Miss X complained about the Council’s failure to evict the tenants of a neighbouring council-rented property whom she has reported several times over past years for criminal activity and breaches of their tenancy agreement. She says their behaviour makes life difficult for her and other residents and she is unable to enjoy the use of her garden.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered the information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says she has been complaining for over 2 years about the behaviour of her neighbours who are tenants of the Council. She has reported alleged drug-dealing to the police and noise, swearing and damage to her garden to the Council without any change in their behaviour.
7. Miss X says the Council should take action against the tenants for breaches of their tenancy agreement and evict them for the continuous incidents she has reported.
8. Since 2013 we have had no jurisdiction to investigate complaints about the actions of social housing landlords with regard to the management of social housing. This matter has bene dealt with by the Council’s tenancy services team which is part of the social housing function.

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Final decision

9. We cannot investigate this complaint about the Council’s responses to a complaint about the behaviour of its tenants by a neighbour. We have no jurisdiction to investigate the actions of social housing landlords in the management of tenancies.

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Investigator's decision on behalf of the Ombudsman