Royal Borough of Kingston Upon Thames (202342629)

Background

1. The resident has a non-secure tenancy with the local authority. She resides with her 3 young children in temporary accommodation which was provided to her by the local authority under its homelessness duty. The resident experienced leaks from 2 flats above her, and she was decanted (temporarily re-housed) in a hotel from October 2023 to June 2024.

What the complaint is about

2. The complaint is about the handling of a leak into the resident’s property.

Our decision (determination)

3. The complaint is not in the Ombudsman’s jurisdiction to investigate.

Reasons

4. We can only investigate complaints about local authorities where they are acting as the landlord under licence, lease or a social housing tenancy. In this case the local authority was not acting in this capacity because the resident’s temporary accommodation was offered as part of its homelessness duty under sections 6 & 7 of the Housing Act 1996 as evidenced in the file and in the information provided by the local authority. As such we have no power to investigate the complaint about the leak into the resident’s property. The resident may be able to complain to the Local Government and Social Care Ombudsman