Summary: Mrs X complained about a social housing landlord billing her for a share of the cost of replacing a private sewage plant which serves its properties and her home. The Ombudsman cannot investigate this complaint. This is because it concerns the actions of a social housing landlord about a private contract and is outside the Ombudsman’s jurisdiction. Only the courts can determine who is responsible for land and services.

The complaint

1. The complainant, whom I shall call Mrs X, complains that a social housing landlord has told her she must pay a proportion of the costs of replacing a sewage treatment plant which serves the eight properties in her row of houses. She says she has paid a proportion of the maintenance costs for years but should not have to pay for replacement of the basic infrastructure.

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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)
3. 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)

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How I considered this complaint

4. I have considered all the information which Mrs X submitted with her complaint and Mrs X has commented on the draft decision.

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What I found

5. Mrs X lives in a row of houses which used to belong to the Council. She has bought her home but has to contribute to the annual maintenance costs of a private sewage treatment plant which serves the houses and is separate from the mains system.
6. In 2019 the social housing landlord, which manages the remaining social housing and the plant for the Council, told her that she would need to contribute a proportion of the cost of replacing the plant which had reached the end of its life. The Council says all the residents were consulted and reminded of their obligation to contribute to the cost of the infrastructure if they wished to continue using it.
7. Mrs X says the cost is more than she can afford and that her property deeds say she is only responsible for maintenance. We cannot determine legal ownership rights and she would need to seek legal advice. If Mrs X’s deeds do not show liability this may not prove that she is entitled to use the private sewage system without contributing to its cost. The Ombudsman cannot investigate the actions of a social housing landlord in its management of land and property.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because it concerns the actions of a social housing landlord about a private contract and is outside the Ombudsman’s jurisdiction. Only the courts can determine who is responsible for land and services.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman