The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s proposals to rehouse existing tenants in a block of flats which it owns and the housing alternatives it may offer. We cannot investigate social housing landlords in their management of tenancies and housing stock.
The complaint
Mr X complained about the Council’s proposals to re-develop the block in which he rents a flat from the Council. He is concerned about what kind of property the Council may decant or move him to permanently and the implications on his Right to Buy as a secure tenant if he is offered housing association accommodation.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered the information provided by the complainant and the Council’s response.
I have considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he is concerned about the lack of clear information from the Council about the future of his tenancy when the block in which he lives is going to be re-developed. He says he may not be moved or offered a flat with similar features and size to his existing one and that he should be considered for a garage as he has been on the waiting list for some time.
The Council has told Mr X that it has not yet decided what the future of the block will be and that any proposals will have to be approved by the full Council Cabinet at some time in the future. It says the future of the building has been subject to local conjecture and rumour but no decisions have been made so it cannot tell Mr X what the alternatives will be for the existing tenants at present.
We cannot investigate complaints about tenancy management of social housing. The council is the landlord of the housing in question and it is responsible for decanting or moving existing tenants through management transfers. It is also responsible for tenancy terms, including any protected right to buy status of existing tenants.
Final decision
We will not investigate this complaint about the Council’s proposals to rehouse existing tenants in a block of flats which it owns and the housing alternatives it may offer. We cannot investigate social housing landlords in their management of tenancies and housing stock.
Investigator's decision on behalf of the Ombudsman