Summary: We will not investigate this complaint about the Council’s description of a property sold under the Right to Buy scheme in 2021. The details of the sale are a private legal matter and only the courts could provide a remedy for any claim of negligence.

The complaint

1. Mrs X complained about the Council ‘s failure to identify her home as a non-traditional design in the conveyance when she bought it in 2021. She says the valuation was incorrect at the time and that it has reduced value due to it being difficult to mortgage if she re-sold it. She says it has been difficult to secure further loans for improvements due to the property type.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint, or there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. Mrs X says she discovered that her home was built to a non-traditional design and would prove difficult to mortgage if she sold it in future. This affects the value and she says the valuation when she bought her home must have been incorrect.
7. She complained to the Council and it told her that the valuation was done by external valuers and that it was valued at it its correct market value at the time. The Council told her that it was the responsibility of her solicitors handling the conveyance to carry out due diligence and searches on the property before completion. The property type is not a designated defective design.
8. We will not investigate this complaint which concerns a private legal matter. Any property purchase puts the onus on the buyer to ensure that all the relevant details of the purchase are understood before completion. Mrs X would have to seek legal advice if she believes the Council, the external valuers or her solicitors have been negligent. Only the courts can determine a legal tort of negligence.

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Final decision

9. We will not investigate this complaint about the Council’s description of a property sold under the Right to Buy scheme in 2021. The details of the sale are a private legal matter and only the courts could provide a remedy for any claim of negligence.

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Investigator's decision on behalf of the Ombudsman