Canterbury City Council (22 016 214)
Category : Housing > Allocations
Decision : Closed after initial enquiries
Decision date : 21 Mar 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s refusal to allow Mr X to be offered a second social housing tenancy until he resolves his current joint tenancy matters. We have no jurisdiction to investigate complaints about the actions of social housing landlords with regard to tenancy matters.
The complaint
- Mr X complained about the Council’s refusal to allow him to bid for a new tenancy under its allocations scheme. He says he needs to move for health reasons and would give up his joint tenancy if offered a new one. The Council says he must resolve his tenancy matters with his wife who is a joint tenant.
The Ombudsman’s role and powers
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X is a joint secure social housing tenant with his wife. He says his marriage has broken down and he has applied for rehousing due to his health being poor. The Council told him that he cannot hold two secure tenancies and he should discuss assigning his tenancy before he can apply to move. This is because he wants to move without his wife but she has equal rights to his current tenancy.
- The Council advised Mr X to discuss his current tenancy because he asked the Council to remove his name and it cannot do so as this is a legal document involving two parties.
- We cannot investigate complaints about social housing tenancy matters. Mr X will need to resolve his current tenancy status with the Council and his wife before he can be eligible to be rehoused.
Final decision
- We cannot investigate this complaint about the Council’s refusal to allow Mr X to be offered a second social housing tenancy until he resolves his current joint tenancy matters. We have no jurisdiction to investigate complaints about the actions of social housing landlords with regard to tenancy matters.
Investigator's decision on behalf of the Ombudsman