Overview
The complainant (Mr C) approached Glasgow City Council (the Council) about problems of dampness he was experiencing in his property. He believed that the source of the dampness was his neighbour (Mr N)'s flat. The Council considered that the water ingress constituted a statutory nuisance and served an Abatement Notice under the Environmental Protection Act 1990, which required Mr N to address the source of the problem. Mr N eventually undertook some work which did not stop the dampness. Mr C believed that the Council unreasonably did not use the powers at their disposal to ensure that Mr N took action that would solve the problem.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) failed to enforce an Abatement Notice effectively (upheld); and
- (b) failed to keep Mr C adequately informed about progress of the enforcement of the Abatement Notice (no finding).
Redress and recommendation
The Ombudsman recommends that the Council:
- (i) apologise to Mr and his wife for a lack of clarity and consistency in their approach to addressing the statutory nuisance; and
- (ii) reflect on what can be done to address the gap between their statutory responsibilities and customer expectations in situations like this.