Eastbourne Borough Council (202505639)

Background

1. The leaseholder rents the property out to a private tenant. She complained to the landlord about its handing of her tenant’s reports of noise disturbance from a neighbouring property. The leaseholder also raised concerns about the welfare of children living in the neighbouring property and said the landlord had not taken sufficient action in response to these concerns.

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. reports of noise disturbance from a neighbouring property.
   2. welfare concerns about the neighbour’s children.

Our decision (determination)

3. We have not investigated the complaint about the landlord’s handling of reports of noise disturbance from a neighbouring property because it is outside of our jurisdiction.
4. We have not investigated the complaint about the landlord’s handling of welfare concerns about the neighbour’s children because it is outside of our jurisdiction.

Reasons

The landlord’s handling of reports of noise disturbance from a neighbouring property

5. To investigate a complaint, we must be satisfied that it relates to actions or omissions of the landlord which have affected the leaseholder in respect of her occupation of the property. In this case, the leaseholder did not live at the property and said the landlord’s perceived inaction in response to the noise reports affected her tenant. As the matter did not affect the leaseholder in her occupation of the property, we do not have the power to investigate the complaint.

The landlord’s handling of welfare concerns about the neighbour’s children

6. We can only investigate complaints about councils where they are acting as the landlord under a licence, lease or a social housing tenancy. In this case, the council was not acting in this capacity, but under its child protection function. As such, we have no power to investigate the complaint about the landlord’s handling of welfare concerns about the neighbour’s children. The leaseholder or tenant may be able to complain to the Local Government and Social Care Ombudsman.