Source · SPSO (Scottish Public Services Ombudsman)

Argyll Community Housing Association

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201202186 Sector Local Government Category policy/administration Decided 01 December 2012

Full decision

Summary

Mr and Mrs C complained that the housing association failed to include a leaflet of conditions when providing an application form for permission to erect a garden shed. Mr and Mrs C completed the form, then went ahead and bought a shed. However, their application was refused as the proposed shed was larger than the permitted size. After complaining to the association about the lack of information about the conditions, Mr and Mrs C complained to us. They also complained that the association failed to investigate Mr C's allegations that other tenants already had oversized sheds.

Our investigation found that it was not possible to say for sure whether a copy of the conditions leaflet was enclosed with the application form. However, Mr C's support worker had been told that a shed should not be built until permission to do so was given. The form that Mr C completed also explained this and asked him, in signing it, to say that he had read and understood the conditions. We also noted that Mr and Mrs C chose to buy the shed before they had the necessary permission. We found it entirely reasonable that the association applied their own policies in terms of the permitted size of garden sheds.

We were satisfied that Mr and Mrs C were told that they should not construct a shed until permission was granted. As a result of this, and as we did not find any evidence that showed that Mr C had reported other tenants with sheds above the permitted size to the housing association, we did not uphold Mr and Mrs C's complaints.

Related reading

View Decision Report 201202186 as a PDF (11.33 KB) Updated: March 13, 2018

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