The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about noise nuisance from a neighbouring flat to Mr X’s. 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. We have no jurisdiction to investigate complaints about the management of tenancies by social housing landlords.
The complaint
Mr X complained about the Council’s delay in dealing with his complaints about noise form the flat above which he first reported in early 2022. He says the tenants has removed sound insulation and this has caused him loss of sleep and affected his employment.
The Ombudsman’s role and powers
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) 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 the complainant and the Council’s responses.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has been complaining about noise from the Council-rented flat above his for over two years. He says the Council’s response shave been slow and unhelpful and he continues to have his enjoyment of his rented home affected by noise form his neighbour.
The Council’s noise team investigated noise complaints from Mr X in February 2022 and told him that it was largely domestic noise form household activity and children and could not be considered to be an enforceable statutory nuisance. This took place outside the normal 12-month period for receiving complaints.
The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
Mr X also made complaints to the Council’s housing services about their tenant. He subsequently found out that the tenant has removed the floor insulation from their home because she said it affects her children’s allergy. He reported this and the Council confirmed to him that this was the case. In 2023 the Council said it is taking court action against the tenant to obtain an injunction to have the floor insulation replaced.
Mr X says the Council has taken too long and that he has been assaulted by one of the occupants of the flat which he has reported to the Police.
We cannot investigate complaints about the actions of social housing landlords in the management of their tenancies. This falls within the remit of the Housing Ombudsman Service.
Final decision
We will not exercise discretion to investigate this complaint about noise nuisance from a neighbouring flat to Mr X’s. 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. We have no jurisdiction to investigate complaints about the management of tenancies by social housing landlords.
Investigator's decision on behalf of the Ombudsman