Summary: We will not investigate this complaint about management of leases and tenancies in a building where the Council has landlord responsibility. Mr X could complain to the Housing Ombudsman Service about the deficiencies of flooring and bathroom leaks from the property above in a leasehold building.

The complaint

1. Mr X complained about noise form the flat above his leasehold home. he says sound transmission through the floor makes his home difficult to live in. He also complained about leaks through the ceiling from the bathroom above over the years which he says is due to sub-standard flooring.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

Back to top

How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X says he is suffering from noise from the floor above his flat which is due to inadequate floor coverings provided by the occupier. He complained to the Council and as freeholder it negotiated with the occupier to fit carpets to reduce the sound transmission. Mr X says the carpet tiles fitted have not sufficiently mitigated the sound.
6. Mr X also complained to the Council that over past year there have been incidents of water leaks from the bathroom of the property above. He says this is due to substandard flooring and pipework.
7. We cannot investigate complaints about the management of buildings which are managed by councils as landlords or with whom a long lease agreement exists with the complainant. These matters fall within the remit of the Housing Ombudsman Service. The Council has referred Mr X to that body in its complaint responses.
8. We can investigate complaints about noise nuisance where the complainant has asked the Council to investigate under the provisions of the Environmental protection Act 1990 but Mr X has not engaged this service, even though the Council has given advice about doing so.

Back to top

Final decision

9. We will not investigate this complaint about management of leases and tenancies in a building where the Council has landlord responsibility. Mr X could complain to the Housing Ombudsman Service about the deficiencies of flooring and bathroom leaks from the property above in a leasehold building.

Back to top

Investigator's decision on behalf of the Ombudsman