Swindon Borough Council (21 014 122)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about service charges for a leasehold flat. We have no jurisdiction to investigate complaints about properties held on a long lease from social housing landlords.
The complaint
- Mr X complained about the Council sending him an invoice for work it carried out to communal staircases I his block of flats in which he is a leaseholder. He disputed the cost and quality of the work and whether he was liable for all of it.
The Ombudsman’s role and powers
- We cannot investigate complaints about the provision or management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, 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
- Mr X says the Council sent him an invoice for work to two staircases in the block in which he is a leaseholder, and the Council is the freeholder. The Council told him that he is required by the terms of his lease to pay 1/6 of the costs for work to communal areas and that this was explained in consultation before the works.
- Mr X disputes the need for the work ad the quality of what was done. He also says he should not have to pay for all of the work as he does not sue one staircase.
- We have no authority to investigate complaints from leaseholders about service charges required by the freeholder. Mr X should contact the Housing Ombudsman Service which considers leaseholder complaints.
Final decision
- We cannot investigate this complaint about service charges for a leasehold flat. We have no jurisdiction to investigate complaints about properties held on a long lease from social housing landlords.
Investigator's decision on behalf of the Ombudsman