West Lancashire Borough Council (21 015 634)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 24 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about failure to deal with noise nuisance from a neighbouring Council property. We cannot investigate complaints about the actions of social housing landlords.
The complaint
- Miss X complained about the Council’s failure to take action against the Council tenants occupying the flat above her. She says she has had problems with noise transmission since they moved into the flat. She wants the Council to properly insulate the floor or her ceiling and warn the tenants that they will be evicted if they continue to disturb other residents.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X is the tenant of a ground floor flat and says that the Council placed tenants in the flat above her in 2020 who have caused noise nuisance since that time. She says they use domestic appliances which transmit noise through the ceiling for long periods and she can hear the children and family dog moving around the flat above her.
- She complained to the Council’s housing service and it has visited the property but says the noise is ordinary domestic noise and it cannot take action. The tenants above have carpets and although the Council has asked them to moderate the use of a tumble drier it has no authority to prevent normal domestic noise.
- Miss X currently has sound-recording equipment installed by the Council’s Environmental Services. They will report any findings back to the housing landlord and it will have to consider if it can take further action based on the outcome.
- Since 2013 the Ombudsman cannot investigate complaints about social housing landlords. We have no discretion to investigate Miss X’s complaint.
Final decision
- We will not investigate this complaint about failure to deal with noise nuisance from a neighbouring Council property. We cannot investigate complaints about the actions of social housing landlords.
Investigator's decision on behalf of the Ombudsman