Decision : Closed after initial enquiries
Decision date : 01 Mar 2019
The Ombudsman's final decision:
Summary: Mrs X complained about the Council’s failure to replace her outbuilding roof as it said it would. The Ombudsman cannot investigate this complaint. This is because it concerns a civil matter between a private owner and a social housing landlord. The Ombudsman has no jurisdiction to investigate the actions of social housing landlords.
- The complainant, whom I shall call Mrs X, complains about the Council failing to carry out its promise to replace a roof which is shared between its tenant’s outbuilding and her own. The roof is asbestos and she is concerned that it is cracked.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered all the information which Mrs X submitted with her complaint and she has been given the opportunity to comment on the draft decision.
What I found
- Mrs X owns her home and has an outbuilding which has a shared roof covering with one belonging to a neighbouring council tenant. The roof is made of asbestos and she is concerned that it is cracked. She says she contacted the Council and it told her it would replace the whole roof.
- The Council later wrote to her and confirmed that the roof was sound and would not be replaced. She wants the Council to carry out the replacement.
- Since 2013 the Ombudsman cannot investigate the actions of social housing landlords. The neighbouring property is a rented one belonging to a social housing landlord and it has decided that the roof will not be replaced. As an owner Mrs X would have to seek legal advice if she believes the Council’s property is causing detriment to hers.
- The Ombudsman cannot investigate this complaint. This is because it concerns a civil matter between a private owner and a social housing landlord. the Ombudsman has no jurisdiction to investigate the actions of social housing landlords.
Investigator's decision on behalf of the Ombudsman