Summary: We will not investigate this complaint about delay and conveyance details in Mr X’s Right to Buy application. We cannot investigate complaints about social housing landlords and it is reasonable for Mr X to use the tenants notice of delay procedure if the Council exceeds the statutory timescales for completion.

The complaint

1. Mr X complained about the Council failing to clarify his rights of access and maintenance responsibilities for the council home which he is purchasing under the Right to Buy scheme. He also says the Council has delayed the process unnecessarily.

Back to top

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)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X says the Council has failed to clarify what his rights of access are and what they would be once he has completed the purchase of his Council home. He also says there are questions over maintenance of trees and access for repairs. The Council says his rights of access as a tenant are similar to what would be included in the conveyance and that it will not change the current situation.
7. We have no authority to investigate complaints about tenancy matters involving social housing landlords. Mr X is still a tenant of the Council and any matters relating to the access or responsibility for maintenance remain landlord/tenant issues.
8. Mr X is part-way through the Right to Buy procedure and his solicitors may serve the Council with a ‘tenants notice of delay’ if the Council falls behind the statutory timescales set out in the legislation.

Back to top

Final decision

9. We will not investigate this complaint about delay and conveyance details in Mr X’s Right to Buy application. We cannot investigate complaints about social housing landlords, and it is reasonable for Mr X to use the tenants notice of delay procedure if the Council exceeds the statutory timescales for completion.

Back to top

Investigator's decision on behalf of the Ombudsman