The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to register with the Land Registry a Charging Order on a property Mr X bought. This is because there is no evidence to suggest fault by the Council.
The complaint
The complainant, who I refer to as Mr X, says the Council was at fault for failing to register with the Land Registry a 2001 Charging Order on a property he bought in 2016. He only became aware of the Order when he was selling the property in 2021.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
When Mr X bought a property in 2016 he did not carry out a local land charges search and so was unaware of a Charging Order attached to it. He only became aware of the Order in 2021 when he was selling the property and had to pay to remove it.
Mr X complained to the Council that it should have registered the Order with the Land Registry so he would have been aware of it when he bought the property and that it was at fault for failing to do so.
The Council explained to Mr X that its obligation to register such orders with the Land Registry began in 2015 and that as the Order in question was made in 2001, it had had no duty at the time.
As the Council acted in accordance with the obligation that existed at the time, there is no evidence of fault, and we will not investigate the complaint.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman