Summary: Mr X complained about the Council ending the tenancy of a garage which contained some of his possessions. The Ombudsman cannot investigate this complaint. This is because the complaint concerns tenancy matters relating a garage let by a social housing landlord and this matter is outside the Ombudsman’s jurisdiction.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s housing authority ending the tenancy of a garage following the death of the tenant. Mr X has a car and possessions in the garage and he was executor for the deceased tenant. He wants to succeed to the tenancy or have an offer of an alternative garage in which to place the car.

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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)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint and he has been given the opportunity to comment on the draft decision.

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What I found

4. Mr X says he stored his car in a garage belonging to a tenant who he knew. The tenant subsequently died and he is an executor. The Council terminated the tenancy and asked him to clear the contents so that it could be re-let to another tenant. Mr X says he paid the rent on the garage for the last year when the tenant was in care and wishes to succeed to the tenancy or have another garage allocated nearer his home.
5. The Council is the landlord and it can terminate the tenancy with one week’s notice. There is no right of succession to garage tenancies and they do not require a court order to end the tenancy. Garages are let according to a waiting list which is operated by the housing authority and which gives preference to existing council tenants.
6. Since 2013 the Ombudsman has had no authority to investigate complaints against social housing landlords about tenancy and housing management issues. This complaint falls into this category and is outside our jurisdiction.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because the complaint concerns tenancy matters relating a garage let by a social housing landlord and this matter is outside the Ombudsman’s jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman