Summary: We cannot investigate Mr B’s complaint about the Council not maintaining the exterior of the building where he lives. This is because we cannot investigate complaints about the management of housing let on a long lease by a council.

The complaint

1. Mr B, who is the leaseholder of a Council property, complains the interior of his property is being affected by water damage because of the Council’s failure to maintain the exterior of the building.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr B’s complaint is about the Council’s maintenance of the building in which his leasehold flat is located.
7. We cannot investigate complaints from council leaseholders about a council not complying with repair responsibilities set out in a lease agreement.
8. This means we have no discretion to investigate the issue Mr B complains about.

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Final decision

9. We cannot investigate Mr B’s complaint because it is about the management of housing let on a long lease by the Council.

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Investigator's decision on behalf of the Ombudsman