London Borough of Islington (19 004 031)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 30 Jul 2019
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the rent Mr Q paid for a council property he did not occupy. This is because we have no jurisdiction to consider council housing management issues.
The complaint
- The complainant, who I have called Mr Q, complained that the London Borough of Islington will not refund rent he paid for a council property he was unable to live in because of threats of violence from a neighbour.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 the information provided by Mr Q. I considered Mr Q’s response to a draft of this decision.
What I found
Key facts
- Mr Q is a council tenant. He had to move out of his council property because he and his family were being threatened by his neighbour. The Council agreed to move him via a management transfer. While Mr Q was waiting to be rehoused he continued to pay rent for his council property even though he was not living there. He would like the Council to refund the rent he paid.
Analysis
- The Council is a social housing provider and the matters Mr X complained of are housing management issues. So we have no jurisdiction to investigate Mr Q’s complaint and cannot do so for the reason given in paragraph 3.
Final decision
Investigator's decision on behalf of the Ombudsman