The Ombudsman's final decision
Summary: We will not investigate this complaint about disrepair in a housing association accommodation. We cannot investigate complaints about the management of tenancies by social housing landlords.
The complaint
Miss X complained about the Council’s failure to take action over repair problems in housing association supported accommodation which she was referred to. She says she has been experiencing disrepair for a year and a half and that this has affected her belongings and her health.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says her housing association supported accommodation suffers from leaks and dampness caused by disrepair to the roof. She says she has reported the problems to her landlord several times over a year and a half since she was offered the tenancy. Her health and belongings have been damaged and she says the Council who referred her to the housing association has refused to get involved.
The Council says Miss X was offered the accommodation under its Relief homelessness duty and that it is not responsible for the repair of a housing association landlord’s property. It has confirmed to us that Miss X no longer has an active homelessness application since she was referred to the housing association.
We cannot investigate complaints about housing repairs from tenants of housing associations. These complaints fall within the responsibility of the Housing Ombudsman service.
Final decision
We will not investigate this complaint about disrepair in a housing association accommodation. We cannot investigate complaints about the management of tenancies by social housing landlords.
Investigator's decision on behalf of the Ombudsman