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Birmingham City Council (202109800)

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REPORT

COMPLAINT 202109800

Birmingham City Council

29 September 2021


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The resident complained about the information the landlord provided about the property, following their right to buy application.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The resident made a right to buy application to the landlord, who is a council. The landlord completed a house sale inspection report on 10 December 2020 and declared that it was not aware of any external defects at the property.
  2. On 6 February 2021, the resident arranged an independent RICS Homebuyer’s survey of the property. The survey report findings stated that the landlord had carried out works to the structure of the property and advised the resident to request if a valid guarantee or warranty covered this work.
  3. The resident contacted the landlord on 15 February 2021 and explained that they understood from the information their surveyor had provided, that there should have been a completion certificate for the structural works carried out. They explained that their mortgage provider was requesting this certificate and asked the landlord to confirm whether the certificate would be made available on request, as they required this to proceed with the purchase.
  4. The resident submitted a formal complaint to the landlord concerning its response to their enquiry. The landlord provided its response on 19 April 2021. It apologised for the delay in responding and said following investigations it carried out, it found that structural works were carried out to the property in 2004. It said that due to the time that had lapsed, it could not confirm what works were carried out or provide supporting documentation. It advised the resident to consult with their surveyor so that they could decide on proceeding with the purchase.
  5. The resident escalated their complaint, and the landlord provided its final response on 21 July 2021. It reiterated the information it provided the resident when it responded on 19 April 2020.
  6. The resident referred the complaint to the Service on 27 July 2021, as they remained unhappy with the landlord’s response to their request for information about the structural works carried out.
  7. On 28 July 2021, the landlord confirmed that structural works had been carried out to the property in 2006 and this included underpinning, to address issues of subsidence.

Reasons

  1. This complaint concerns the provision of information about the property by the landlord, during the right to buy process. The Housing Ombudsman does not have the jurisdiction to consider complaints about the right to buy, including issues within this process, for tenants of local authorities.
  2. However, the Local Government and Social Care Ombudsman has the remit to consider complaints about the RTB process from tenants of local authorities.
  3. Paragraph 39m of the Scheme states that the Ombudsman will not investigate complaints which fall properly within the jurisdiction of another Ombudsman, regulator, or complaint-handling body.
  4. This complaint, therefore, is not within the Ombudsman’s jurisdiction to investigate on the grounds of paragraph 39m, as it is falls within the jurisdiction of the Local Government and Social Care Ombudsman. The details for the Local Government and Social Care Ombudsman can be found here:

Website: https://www.lgo.org.uk/

Telephone: 0300 061 0614