Summary: We cannot investigate Mr B’s complaint about his property being damaged by the actions of the Council tenant at the adjoining property. This is because we cannot investigate complaints about the management of social housing by a council acting as a social landlord.

The complaint

1. Mr B says his property has been affected by damp and mould because of the actions of the Council tenant at the adjoining property. Mr B says the Council took too long to take action to stop any further damage and has delayed considering his request for compensation.

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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 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

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

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My assessment

6. Mr B’s complaint is about the Council’s actions as the social landlord of the adjoining property. We cannot investigate complaints about the management of social housing by a council acting as a social landlord. This restriction applies even if the person making the complaint privately owns or rents their property.
7. This means we cannot investigate Mr B’s complaint and have no discretion to start an investigation.

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Final decision

8. We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.

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Investigator's decision on behalf of the Ombudsman