The Ombudsman's final decision
Summary: We cannot investigate this complaint the Council delayed in repairing a faulty boiler. The law says we cannot investigate the Council’s actions where it relates to the management of properties on a long lease.
The complaint
Ms X complained the Council failed to pay her compensation after a boiler it was responsible for stopped working. She said she had paid the Council a significant amount of service charges for hot water and had to instruct a plumber to take additional work. She wants the Council to pay her the money it owes.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Ms X’s complaint about the Council. Ms X is the leaseholder on a property where the Council is the freeholder. The law says we cannot investigate the actions of councils when it relates to the management of housing on a long lease.
Final decision
We cannot investigate Ms X’s complaint because it is about the management of housing let on a long lease by the Council.
Investigator's decision on behalf of the Ombudsman