Summary: We will not investigate this complaint about the Council’s refusal to repair a boundary wall and fence at a property which it leases from a private landlord. It is reasonable for Mrs X to seek a remedy in the courts if the owner fails to repair a boundary which they are responsible for.

The complaint

1. Mrs X complained about the Council’s refusal to repair a collapsed wall which supports a boundary fence with the neighbouring property. The Council leases the property from a private landlord as temporary accommodation and she believes it should ensure the fence is safe for the tenants of the property.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says the property next door to hers has a boundary wall which has collapsed and this has led to the fence on it becoming unsafe. The property is leased to the Council for use as temporary accommodation for tenants accepted under the Council’s homeless duty. She asked the council to repair the wall so that she can build a higher fence on it to prevent nuisance from the tenants.
6. The Council says its private lease with the owner does not include a repair obligation for the boundary fence or wall. It has been unable to identify whether the wall is the responsibility of the private landlord or Mrs X and it may be a shared liability.
7. The Council only has a responsibility to its homeless applicants over suitability of temporary accommodation offered to them. This does not extend to neighbours of adjacent private property and any boundary dispute or maintenance obligation remains a civil matter between the owner of the leased property and Mrs X, regardless of who the property may be let to.
8. If no agreement to repair the boundary or to accept liability for it can be agreed between the owners it is reasonable for Mrs X to seek a remedy in the courts as in any civil boundary dispute.

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Final decision

9. We will not investigate this complaint about the Council’s refusal to repair a boundary wall and fence at a property which it leases from a private landlord. It is reasonable for Mrs X to seek a remedy in the courts if the owner fails to repair a boundary which they are responsible for.

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Investigator's decision on behalf of the Ombudsman