The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s requirements for Mr X to contribute towards improvements to his flat as part of lease which he holds with the Council. We cannot investigate complaints about leasehold terms or services provided by a social housing landlord. We will not exercise discretion to consider Mr X’s claim that the proposed works were not explained when he completed the purchase in 2019. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complained about the Council informing him in 2020 that he was required to contribute towards improvement works to the block in which he holds a lease with the Council. He says this was not explained in the seller’s information when he completed the conveyance under the Right to Buy scheme in 2019.
The Ombudsman’s role and powers
We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he was not advised about proposed work to the block in which he bought a flat under the Right to Buy scheme in 2019. In 2020 he found out that improvement works had been programmed which would require him to contribute towards. He complained to the Council in July 2020 about not being told of this proposal on the legal searches for the conveyance.
The Council told him that when the sale took place only planning approval for the estate as a whole had been obtained. This was referred to in the searches. The details of the works for his block were not approved until March 2022 and the sales information made it clear that the information at the time of sale. It contained a disclaimer that future or new works could arise which would involve proportionate contributions from the leaseholder.
We will not exercise discretion to consider this matter now because Mr X was aware of the issue more than 12 months before bringing it to our attention. There is no evidence to suggest that Mr X could not have complained to us sooner. However, it is unlikely that we could determine a dispute about the legal terms of a lease agreement and the courts are better placed to decide these matters.
Mr X has also complained to the Council about the terms of his lease with regard to the proportionate contribution towards the works costs. He disagrees with the charging and recovery process and the application of a cap on cost if he moved out. We cannot investigate disputes about leases and leaseholder services with social housing landlords. This falls within the jurisdiction of the Housing Ombudsman service.
Final decision
We will not investigate this complaint about the Council’s requirements for Mr X to contribute towards improvements to his flat as part of lease which he holds with the Council. We cannot investigate complaints about leasehold terms or services provided by a social housing landlord. We will not exercise discretion to consider Mr X’s claim that the proposed works were not explained when he completed the purchase in 2019. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman