Summary: We cannot investigate this complaint about the Council’s management of its rented property next door to the complainant’s. We cannot investigate complaints about the management of housing by social housing landlords.

The complaint

1. Mrs X complained about the Council’s failure to take sufficient action over her neighbour’s garden to prevent encroachment of ivy and weeds onto her property. She also says there is a large tree which the Council has cut back previously but it grows back making her insurance invalid. She wants the Council to ensure the garden is maintained properly.

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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)

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How I considered this complaint

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

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My assessment

5. Mrs X says her property is being affected by the state of the neighbouring garden which belongs to the Council’s housing authority. She says she has had problems with weeds and ivy escaping from the property onto her land for the past 5 years and the Council has not prevented the tenant from allowing this to happen each year.
6. She also says there is a large tree which the Council has cut back previously but it has re-grown causing a threat to her property which her insurers would not cover. She complained to the Council but it told her that its maintenance team had carried out works and it was satisfied that the matter was dealt with.
7. Since 2013 we have had no jurisdiction to investigate complaints about the management of housing by social housing landlords. The responsibility for these complaints passed to the Housing Ombudsman Service in that year and we have no discretion to consider Mrs X’s complaint now.

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Final decision

8. We cannot investigate this complaint about the Council’s management of its rented property next door to the complainant’s. We cannot investigate complaints about the management of housing by social housing landlords.

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Investigator's decision on behalf of the Ombudsman