Summary: We will not investigate this complaint from a private landlord about the Council’s failure to resolve issues connected with neighbouring Council tenants changing their garden’s ground levels. Part of the complaint is late and there are no good reasons to look at it now. Also, it is reasonable to expect the complainant to take the Council to court about any damage to his property.

The complaint

1. Mr X is a private landlord. He lives next to a Council property.
2. Mr X complains the Council failed to resolve a longstanding issue caused by the neighbouring Council tenants changing the ground levels in their garden. He says the actions of the Council tenants caused significant damage to the boundary, ground levels and fence between the properties.
3. Mr X complains the Council delayed resolving the issue and failed to provide a timeline for completing its tenant recharge process and certain works (including works recommended by its surveyor).

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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)
7. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

8. I considered information provided by the complainant.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mr X complains about matters dating back to 2024. This complaint is late because Mr X did not complain to the Ombudsman until April 2026, meaning we would not ordinarily look at events before April 2025. I have seen no good reasons for us to exercise discretion on lateness.
11. In any event, so far as Mr X complains about damage to the boundary and fence between the properties, we will not investigate this complaint. Mr X says the Council should reinstate the boundary, restore ground levels between the properties, and repair or replace the fence. We do not normally investigate complaints about property damage or disputes about liability. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. I find it is reasonable for Mr X to follow this process and, if needed, seek a remedy in the courts. The initial fee for making a claim is relatively modest.
12. Based on the evidence I have seen, Mr X’s complaint about more recent delays by the Council and its failure to provide a timeline to complete certain works is premature. We will not investigate these matters. It is reasonable to expect Mr X to first complain to the Council about these issues to give it the opportunity to investigate and reply. If Mr X remains unhappy with the Council’s final complaint response or there are any delays in the complaints process, it is open to him to make a fresh complaint to the Ombudsman.

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Final decision

13. We will not investigate this complaint from a private landlord about the Council’s failure to resolve issues connected with neighbouring Council tenants changing their garden’s ground levels. Part of the complaint is late and there are no good reasons to look at it now. Also, it is reasonable to expect the complainant to take the Council to court about damage to property.

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Investigator's decision on behalf of the Ombudsman