London Borough of Tower Hamlets (25 023 786)
The Ombudsman's final decision:
Summary: We cannot investigate Dr Z’s complaint about the Council’s failure to carry out repairs to resolve a damp and mould problem. This is a matter for the Housing Ombudsman Service, and it lies outside our jurisdiction.
The complaint
- Dr Z complains the Councill failed to identify and resolve the source of an ongoing leak, despite carrying out repairs to the window seals and balcony. Damp and mould continue to spread through the property. She says they have experienced ongoing damp and mould and have concerns about their health and wellbeing, and continued damage to their home. She requests the Council fully investigate the source of the leak, identify the underlying cause, and complete effective repairs to permanently resolve the damp and mould problem.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Dr Z complains the Council failed to identify and resolve a longstanding leak that she says has affected her property since around 2019, causing damp, mould and damage.
- The Council responded to her complaint by offering £250 compensation for delays in carrying out repairs. It also advised Dr Z that she could refer the matter to the Housing Ombudsman if she remained dissatisfied.
- We cannot investigate Dr Z’s complaint because she is a leaseholder. As the complaint concerns matters arising from her leaseholder relationship with the Council, it falls within the jurisdiction of the Housing Ombudsman Service and it would be reasonable for her to pursue her complaint with the Housing Ombudsman Service, as the Council advised in its complaint response.
Final decision
- We cannot investigate Dr Z’s complaint. This is because it lies outside our jurisdiction and it is a matter for the Housing Ombudsman Service.
Investigator's decision on behalf of the Ombudsman