Royal Borough of Kensington & Chelsea (21 003 397)

Category : Housing > Private housing

Decision : Closed after initial enquiries

Decision date : 13 Apr 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council responded to Mr X’s complaints about repair issues in his Housing Association tenancy. This is because the Housing Ombudsman is best placed to deal with complaints about the repair issues.

The complaint

  1. Mr X complains the Council has failed to take action against his landlord for disrepair issues in his home. Mr X says his home is cold and the heating system is not safe.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X is a Housing Association tenant. The Housing Association is responsible for repair issues within Mr X’s home not the Council. If Mr X is unhappy with the actions of the Housing Association he may complain to the Housing Ombudsman Service.
  2. The Council does have a responsibility for enforcing housing standards in its area. However, in this case, it is reasonable to expect Mr X to complain to the Housing Ombudsman Service if he is unhappy with the actions of the Housing Association.

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Final decision

  1. We will not investigate Mr X’s complaint because the Housing Ombudsman Service is best placed to deal with complaints about disrepair in his Housing Association tenancy.

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Investigator's decision on behalf of the Ombudsman

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