The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint that the Council has told him he must remove the balcony from his flat. This is because the Council owns the freehold of the property and the complaint concerns its management of the property, which he owns on a long lease. Such actions are not within our jurisdiction to investigate.
The complaint
The complainant, Mr X, complains the Council has told him he must remove the balcony from his flat as it amounts to a breach of his lease. He says the balcony was in place when he bought the flat in 2022 and he believes the Council should have picked up on the issue at the time. He wants the Council to pay to remove the balcony or grant planning permission for him to keep it.
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 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
The Council owns the freehold of Mr X’s property and granted a 125-year lease to a previous occupant following their exercise of their ‘right to buy’. The remaining term was then transferred to Mr X when he bought the property.
Mr X is unhappy the Council has told him to remove the balcony, however any actions taken by the Council to enforce the terms of the lease fall outside our jurisdiction to investigate as they relate to its management of housing let on a long lease.
Final decision
We cannot investigate this complaint. This is because it concerns the Council’s management of housing let on a long lease and such matters fall outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman