Summary: We cannot investigate Mr X’s complaint about the management of housing let on a long lease by the Council because this is not in our remit.

The complaint

1. Mr X complained about problems with the heating in the building where he lives. He said inadequate heating during the winter months caused health problems.

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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 X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X rents his flat from a private landlord. The flat is in a building owned by the Council and let on a long lease to Mr X’s landlord.
7. Mr X complained about a lack of heating during the winter caused by problems with a communal heating system.
8. The law says we cannot investigate complaints about the management of housing let on a long lease by a registered social housing provider. Therefore, we cannot consider the complaint further.

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Final decision

9. We cannot investigate Mr X’s complaint.

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Investigator's decision on behalf of the Ombudsman