Summary: Miss X complained about the Council failing to inform her that the tenancy which she accepted in 2015 was with a housing association. She lost her previous right to buy discount when she accepted the tenancy. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Miss X, complains about the Council failing to inform her of the consequences of transferring to a housing association property in 2015. As a result, she says that she lost her Right to Buy discount because the housing association tenancy only has a right to acquire which does not recognise her previous discount.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Miss X submitted with her complaint. I have also considered the Council’s response to her complaint. Miss X has commented on a draft copy of my decision.

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What I found

4. Miss X was on the Council’s Home Choice waiting list from 2013. In 2015 she made a bid on a new-build property which she considered suitable and was successful. The Council put her in touch with the landlord of the property which is a housing association and it arranged for her to sign the tenancy agreement.
5. In 2019 Miss X applied to buy the property and was informed by the landlord that she could only exercise a right to acquire and that her previous discount as a council tenant was inapplicable. Miss X says she was unaware of this previously and that the Council did not warn her at the time that she would lose her right to buy.
6. The Council says Miss X bid for the property and that it was advertised as a housing association development at the time. Miss X was on the same housing register as other applicants and the register is open to tenants and non-tenants and allows bids on all social housing available.
7. Miss X carried out the sign-up procedure with housing association officers and she signed an agreement which made it clear who the landlord was and what rights and obligations she had. The onus was on her to understand the type of tenancy she was signing and to check any uncertainties at the time. Miss X has been paying rent to the housing association and receiving a landlord service for the past five years and so she cannot dispute the tenancy terms now.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman