Summary: We will not investigate this complaint about the Council’s failure to prevent dampness spreading through a party wall with one of its properties. This is a civil matter and it is reasonable for the complainant to take the matter to the courts or the Housing Ombudsman if the Council is their freeholder.

The complaint

1. Mr X complained about the Council’s failure to resolve a problem with dampness passing through a party wall with one of its properties into his leasehold home. He reported the matter in 2023 and the Council’s attempts at identifying the fault have failed to date.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X is a joint leaseholder of a property which shares a party wall with a Council- owned house. Since 2023 there has been a damp patch on the party wall. He and other leaseholders have asked the council to remedy the problem and the Council has failed to do so. They have asked the Council for access for their own damp-proof contractor to survey the Council’s side but it has been un-cooperative. The Council housing authority
7. The Ombudsman will not normally investigate complaints about damage to property or injury to people arising from claims of negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability. It is reasonable for Mr X to make a claim.
8. If Mr X and the other leaseholders have a lease in which the Council is freeholder they may make a complaint to the Housing Ombudsman service. This is the body responsible for dealing with disputes about social housing landlords who hold long leases.

Back to top

Final decision

9. We will not investigate this complaint about the Council’s failure to prevent dampness spreading through a party wall with one of its properties. This is a civil matter and it is reasonable for the complainant to take the matter to the courts or the Housing Ombudsman if the Council is their freeholder.

Back to top

Investigator's decision on behalf of the Ombudsman