Summary: Miss X complained that the Council unfairly decided she did not qualify to join its Housing Register when she needs to move to suitable accommodation for medical reasons. We found no fault in the way the Council made this decision.

The complaint

1. Miss X complained that the Council suspended her Housing Register application, and will not let her bid for suitable accommodation, because she has service charge arrears related to her tenancy. She says the Council ignored a letter from her GP which supports her need to be rehoused on medical grounds.
2. Miss X wants the Council to let her repay the debt in small weekly instalments and allow her to bid for properties at the same time.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

5. I have spoken to Miss X and considered her complaint form. I have read relevant housing records, including her online application form and decision letter. I have read the relevant sections of the Council’s housing allocations scheme.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Housing allocations – the law and the Council’s scheme

7. Every local housing authority must publish an allocations scheme that sets out how it prioritises applicants, and its procedures for allocating housing.  All allocations must be made in strict accordance with the published scheme.  (Housing Act 1996, section 166A(1) & (14))
8. Councils can decide which groups of applicants qualify, or do not qualify, to join their Housing Register. They must set out these rules in their published housing allocations scheme.
9. Nuneaton and Bedworth Council’s scheme lists certain categories of applicants who do not qualify to join its Housing Register. An applicant must meet all the qualification criteria first before the Council goes on to assess if they are in housing need.
10. Applicants who owe a housing related debt to the Council, or to any other landlord, do not qualify to join the Council’s Housing Register. The term “housing related debt” includes rent arrears and other debts connected to the person’s accommodation. If the applicant considers the debt arose through no fault of their own, they can explain the circumstances and the Council will consider whether the person should be eligible. There is no provision to make exceptions for other reasons.

Miss X’s housing application

11. Miss X is a Council tenant. She lives in a one bedroom flat on the third floor of a block of flats. There is no lift in the building.
12. Miss X has to pay a weekly service charge of £8.30 for the district heating system which supplies heating to all the flats in the block. This fixed weekly charge is payable under the terms of the tenancy agreement.
13. Miss X wants to move to a flat in a quieter location. She says her current flat is not suitable. She has a chronic skin condition which is made worse by stress. Her flat is on a busy main road and the constant traffic noise interferes with her sleep, causes stress and means she cannot open windows to ventilate her flat.
14. Miss X completed an online Housing Register application form in late July 2020. She ticked a box saying her current flat was not appropriate for her medical needs. She also supplied a letter from her GP which referred to her skin condition and the difficulties she had carrying shopping and her bike up the stairs to her flat.
15. On 27 July 2020 a Lettings Officer wrote to tell Miss X she was excluded from the Housing Register because the rent account had £211.32 arrears. The letter referred to the rule about housing-related debt. It explained Miss X could ask for a review of this decision.
16. Miss X complained to the Council. She said the Council had ignored her medical needs and the stress caused by living in an unsuitable property. She had borrowed £50 from a relative to reduce the debt. She also said the Council was wrong to describe the debt as rent arrears. She said it was a heating surcharge for a gas supply she chose not to use. She said she could not afford to pay this charge and she chose to only use electricity in her flat.

17. A senior officer replied to Miss X’s complaint. By then the debt had reduced to £194.52 following the £50 payment Miss X made in early August. The senior officer said the debt had built up because Miss X had not paid the service charge associated with her property. It was a compulsory service charge for all residents in Miss X’s block and she could not opt out of the District Heating Scheme.

18. The senior officer said that if Miss X intended to pay £50 per month to clear the debt, and agreed to pay the service charge in future, the Council would reinstate her application. She could then bid for available properties advertised through its choice-based lettings scheme.

19. Miss X then complained to the Ombudsman. When I spoke to Miss X she told me she had not noticed the weekly charge for district heating when she signed the tenancy agreement for the flat some years ago. She says she cannot afford this charge and she does not use the district heating system.

My analysis

20. We must consider whether the Council correctly applied the rules in its housing allocations scheme when it assessed Miss X’s housing application.
21. Before considering whether Miss X needed to move for medical reasons, the Council first had to decide if she qualified to join the Housing Register. Each council has flexibility to draw up its own allocation scheme. It may choose to exclude certain groups of people from the Housing Register. The Nuneaton and Bedworth scheme excludes applicants who have a housing- related debt. This is defined not only as rent arrears but any debt associated with a current or former tenancy.
22. Under the terms of her tenancy agreement, Miss X is liable to pay a district heating charge. She has not paid this charge and so she has a housing-related debt. The Council was therefore entitled, under the rules of its scheme, to decide she did not qualify to join the Housing Register until she cleared the debt and agreed to pay future charges. Miss X feels this is unfair because she does not use the district heating system and cannot afford to pay the charge. But we cannot find fault when the Council has properly considered the facts, established Miss X has a housing-related debt and disqualified her for this reason. It correctly applied the qualification rules in its published housing allocations scheme.

Back to top

Final decision

23. I have completed the investigation and found no fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman