Summary: Mr X complained about the Council’s refusal to repair a path which he jointly owns to the required standard. We cannot investigate this complaint. This is because it concerns a legal matter between a social housing landlord and a private householder. We cannot investigate social housing landlords and only the courts can determine legal disputes.

The complaint

1. Mr X complained about the Council’s failure to maintain a shared path to the standard which he requires. He says repairs in concrete are unsatisfactory and wants the Council to repair his path with tarmac.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of housing let on a long lease by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
3. 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)

Back to top

How I considered this complaint

4. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been given an opportunity to comment on a draft copy of my decision.

Back to top

What I found

5. Mr X owns a property which shares a path with a neighbouring council-owned property. His home was sold by the Council with a covenant which includes joint responsibility for maintenance of the shared path. Mr X says the path is in a poor state of repair and wants the Council to repair it using tarmac as it had been previously surfaced.
6. The Council says it will only repair the path with concrete which is adequate for the purpose. Mr X wanted the Council to maintain the path in a similar way to the pavements on the adopted highway. It told him that the path is on private land and is not part of the public highway so the owners must decide the level of maintenance.
7. We cannot determine disputes over legal agreements between private owners and social housing landlords. Only the courts can decide if a legal agreement is being breached.

Back to top

Final decision

8. We cannot investigate this complaint. This is because it concerns a legal matter between a social housing landlord and a private householder. We cannot investigate social housing landlords and only the courts can determine legal disputes.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman