Summary: We cannot investigate this complaint about damage caused by leaks into a private home from a Council property. We have no jurisdiction to investigate complaints about social housing landlords. We will not exercise discretion to consider Mr X’s complaints about leaks and anti-social behaviour from 2017 onwards. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to address leaks from its rented flat above his private home which has caused damage over a period of years. He says the Council should have removed the tenant following repeated leaks, unavailable access and anti-social behaviour. He has been living in temporary accommodation until repairs can be completed and says the Council should meet all his expenses.

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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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has suffered from leaks into his flat from a council - owned property upstairs and has submitted claims and complaints about the tenant’s behaviour since 2017. The Council has carried out some repairs each time but he says the tenant should be moved because of his behaviour and the Council’s negligence. Mr X was referred to the Housing Ombudsman service by the Council in 2022 and again in 2024.
8. Mr X says he reported the tenant’s behaviour as anti-social in 2022. The Council investigated the complaint in June 2022 and the case was closed. It was reasonable for Mr X to complain to us or the Housing Ombudsman at the time.
9. We cannot investigate complaints about the actions of social housing landlords in the management of their property and we are stature-barred from doing so. The Housing Ombudsman service has carried out this role since 2013. Mr X has made claims against the Council and has recently submitted an insurance claim against it. If the Council does not accept liability he could seek a remedy in the small claims court for his losses.

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Final decision

10. We cannot investigate this complaint about damage caused by leaks into a private home from a council property. We have no jurisdiction to investigate complaints about social housing landlords. We will not exercise discretion to consider Mr X’s complaints about leaks and anti-social behaviour from 2017 onwards. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman