Summary: We cannot investigate this complaint about the Council’s decision not to grant succession rights to family members following the ending of a previous Council tenancy held by a parent. The succession decision and the issuing of temporary licences to occupy council property are tenancy matters and we have no jurisdiction not investigate the actions of social housing landlords.

The complaint

1. Miss X complained about the Council’s failure to grant her and her sister tenancy rights to her parents home and delays in deciding whether to renew temporary licences. She says the Council should offer the tenancy to them instead of seeking possession and placing them on the housing register for accommodation.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says following the termination of her parent’s tenancy when he moved to other accommodation, she remained in the council-owned property with her sister and her son. The Council would not grant her the tenancy because the previous tenant had not died so succession rights did not apply. The parent did not assign the tenancy before leaving the property and so the tenancy ended, leaving Miss X and her sister as unauthorised occupiers.
6. The Council decide to grant them a temporary licence which must be renewed every six week and also placed them on the housing register. Miss X is concerned that they may be evicted or offered an unsuitable property and wants the Council to grant the tenancy to her and her sister. The Council will not do this because the property would have to be offered to the highest qualifying applicant on the housing list if it became vacant. This is a requirement of its allocations policy and it would be unfair to applicants if they were overlooked when no succession was applied.
7. The question of succession to a tenancy and the issue of temporary licences to the Miss X are issues which relate to the management of social housing tenancies. We have no jurisdiction to investigate tenancy management matters by social housing landlords.

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Final decision

8. We cannot investigate this complaint about the Council’s decision not to grant succession rights to family members following the ending of a previous Council tenancy held by a parent. The succession decision and the issuing of temporary licences to occupy council property are tenancy matters and we have no jurisdiction not investigate the actions of social housing landlords.

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Investigator's decision on behalf of the Ombudsman