The Ombudsman's final decision
Summary: We cannot investigate Miss B’s complaint about the Council’s management of the building where she owns a leasehold flat. This is because we cannot investigate complaints about the management of housing let on a long lease by a Council.
The complaint
The complainant, who I will refer to as Miss B, is the leaseholder of a flat in a building owned by the Council. Miss B complains about the Council’s handling of repair works to the building. Miss B says she did not receive a legal notice about the work. Miss B also says the Council is overcharging leaseholders for the work.
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 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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate a complaint from a Council leaseholder about the Council’s actions under the terms of the lease agreement. This restriction applies to complaints such as Miss B’s complaint, which are about repair works undertaken by the Council and charged to leaseholders. This means we have no discretion to investigate Miss B’s complaint.
Final decision
We cannot investigate Miss B’s complaint because it is about management of housing let on a long lease by the Council.
Investigator's decision on behalf of the Ombudsman