Summary: Ms X complained about the Council’s refusal to remove a restrictive covenant from her property and to prevent its tenants who are her neighbours from breaching their tenancy agreement. The Ombudsman cannot investigate this complaint. This is because it concerns the management of property and tenants by a social housing landlord. We could not consider the issue of a legal covenant because this could only be determined by the courts if the Council refuses to amend the terms.

The complaint

1. The complainant, whom I shall call Ms X, complained about the Council refusing to amend or remove a legal covenant on her former council property which allows her neighbours access over her driveway. She says it is no longer necessary and that the Council has failed to take action over her neighbours who are in breach of their council tenancy agreement. She also says the Council should enforce other breaches of covenants which she has seen in the area.

Back to top

The Ombudsman’s role and powers

2. 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)
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 Ms X submitted with her complaint. Ms X has been given an opportunity to comment on a draft copy of my decision.

Back to top

What I found

5. Ms X says her neighbours who are council tenants use her driveway for access which has led to damage to her car. There is a restrictive covenant in the deeds of her property which was sold by the Council and which allows access for her neighbours. She says the tenants have since created their own separate access and no longer need to cross her driveway. Since her relationship with her neighbours has deteriorated, she wants to have the covenant removed and to be able to lock gates on her drive to prevent access.
6. The Council housing landlord told her that its tenants do not wish to give up access to the drive and that she must give them a key if she intends to lock the gates. The Council is not prepared to remove the covenant if its tenants do not agree to it.
7. Ms X complained that the Council tenants have breached their own tenancy agreement by removing a fence and carrying out other unauthorised alterations to the Council’s property and intimidating her by using her driveway.
8. Since 2013 the Ombudsman has had no authority to investigate complaints about the actions of social housing landlords and the management of their properties or tenants. The restrictive covenant was included as part of the conveyance when Ms X purchased her home, and she would need to seek legal advice if the Council refuses to amend or remove it.

Back to top

Final decision

9. The Ombudsman cannot investigate this complaint. This is because it concerns the management of property and tenants by a social housing landlord. We could not consider the issue of a legal covenant because this could only be determined by the courts if the Council refuses to amend the terms.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman