The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to preserve the right to buy. This is because it is reasonable for Mr X to take court action, and we have no jurisdiction to investigate complaints about social housing tenancies.
The complaint
Mr X complained the Council did not preserve his right to buy when he moved from a Council tenancy to a housing association tenancy in 2017.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.)
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 information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he was a Council tenant when he was transferred to a housing association tenancy in 2017. Mr X says the Council did not preserve his right to buy nor negotiate this with the housing association. The housing association told Mr X in 2018 he was not eligible for the right to buy scheme.
The Housing Act 1985 carries a provision for tenants who wish to buy their homes to challenge in the county court any matters arising. It is reasonable for Mr X to apply to the county court on the question of whether he has a preserved right to buy and what action the Council or the housing association should take.
We cannot by law investigate complaints about council or housing association tenancies. Mr X may wish to approach the Housing Ombudsman Service to see if it can help with the matters in his complaint.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to take court action to resolve the apparent dispute, and we have no power to investigate complaints about social housing tenancies.
Investigator's decision on behalf of the Ombudsman