The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take sufficient action against its tenant for smoking cannabis which affects Ms X home. We have no jurisdiction to investigate complaints about tenancy management by social housing landlords.
The complaint
Ms X complained about the Council’s failure to take action against the tenancy of her neighbour who smokes cannabis regularly and the smoke permeates her own home which is an adjacent terraced property. She wants the Council to carry out work to the tenant’s home to prevent smoke ingress and to evict her neighbour who is blatantly breaching her tenancy conditions.
The Ombudsman’s role and powers
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
Ms X says she has been affected by cannabis fumes from her neighbour’s council home for a long time. She has reported the problem to the Council landlord and it has told her it has investigated the matter as anti-social behaviour. She has also reported the matter to the Police who have visited her and her neighbour and confirmed the illegal activity.
The Council says the tenant has been advised of the breaches of her tenancy but it has not yet taken any possession action because it says the tenant is vulnerable and that it is unlikely that a court would grant possession for smoking cannabis indoors. It has offered mediation and says it would consider issuing an acceptable behaviour agreement to the tenant. Ms X says this is insufficient and is concerned about the damage to her health and that of her child.
Since 2013 we have had no jurisdiction to investigate complaints about the management of tenancies by social housing landlords. this matter has bene investigated by the Council’s housing authority and that is a social housing landlord.
Final decision
We will not investigate this complaint about the Council’s failure to take sufficient action against its tenant for smoking cannabis which affects Ms X home. We have no jurisdiction to investigate complaints about tenancy management by social housing landlords.
Investigator's decision on behalf of the Ombudsman