Leicester City Council (20 006 027)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 25 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate this complain relating to the terms of sale of a property under Right to Buy legislation. The complainant should have asked the district valuer to decide any question about valuation of the property. We could not alter the terms of the sale which the complainant and Council have now legally completed.
The complaint
- The complainant, who I refer to here as Mr X, has complained on behalf of his mother, Mrs Y. He says the Council did not answer questions about the length of lease and valuation of her home which she has bought from the Council under the Right to Buy procedure.
The Ombudsman’s role and powers
- We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
- we cannot achieve the outcome someone wants; or
- another body is or was better placed to consider the issue. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr X said in his complaint. Mr X commented on a draft before I made this decision.
What I found
- Mrs Y bought the leasehold of her home from the Council under the Right to Buy legislation. The sale was completed in December 2019.
- In summary, after Mrs Y bought her home, Mr X asked the Council why her lease began in 1983 and if this had affected how much she had to pay. Mr X believes the Council’s valuation was based on the lease being 125 years.
- The Council told Mr X the original 125 year lease began in 1983 and Mrs X bought the remaining lease.
- The Housing Act 1985 states the district valuer will decide any questions about the valuation of a property. If Mrs Y had any queries about this, she should have raised them with the district valuer before she bought the property.
- Further, if Mrs Y was unhappy with any of the terms of the sale, it was open to her not to complete the purchase. She should have raised any issues with the Council before the sale was completed.
- The Council and Mrs Y have legally completed the purchase and we could not alter any terms of the sale.
Final decision
- I have decided we will not investigate this complaint. This is because Mrs Y had other remedies available to her and we could not provide any different outcome for her now.
Investigator's decision on behalf of the Ombudsman