Source · SPSO (Scottish Public Services Ombudsman)

Falkirk Council

SPSO (Scottish Public Services Ombudsman) No Decision Reached Reference 201102366 Sector Local Government Category Repairs and maintenance of housing stock (incl dampness and infestations) Decided 01 July 2012

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Full decision

Summary

Mr C has rented his council house for 11 years. His neighbour bought her council house before he became a tenant. As part of this purchase, she bought the driveway on the gable end of the building, but the council retained a right of access for the tenant of Mr C’s house. There was no footpath laid when Mr C became a tenant but he was able to gain access for deliveries and to bring his wheelie bins round from his back garden. Mr C said that his neighbour told him that it was her intention to lay a path at some time.

Mr C and his neighbour fell out with each other about two years ago on an unrelated issue. As a result, Mr C complained to the council that his neighbour was making it difficult for him to gain access to and bring his wheelie bins round from the back of his house. Mr C complained to us because the council refused to agree to his request that they require his neighbour to provide a path. He believed that they were obliged to do so under the terms of his tenancy agreement. As there had never been a path and Mr C did not raise the matter before he accepted the tenancy from the council, we told Mr C that we could investigate but we could not achieve the outcome he was seeking. Mr C then decided not to pursue his complaint with us further.

Related reading

View Decision Report 201102366 as a PDF (16.94 KB) Updated: March 13, 2018

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