Summary: We will not investigate Ms Y’s complaint that the Council failed to provide accurate information as part of her Council house purchase. There is insufficient evidence of fault to justify this. If there is a dispute about the amount the Council should pay to buy back the property, Ms Y can refer this to the District Valuer.

The complaint

1. Ms Y complained the Council did not provide the information it should have during the purchase of her property. This included the condition, required works and any ongoing disputes.
2. Ms Y says she would not have bought the property if the Council had provided all the information it was required to.
3. Ms Y says the Councils actions have cost her money, time and caused distress.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

7. 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)

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Ms Y bought her property, a flat, from the Council in October 2023. The Council owned the Freehold. As part of the conveyancing process, the Council completed a Leasehold Property Enquires 1 (LPE1) form. In relation to proposed works to the property “in the next two years” the Council replied: “Not applicable”. Ms Y said this was incorrect because the Council was aware of structural problems with the building and issues with water ingress and damp.
11. In its complaint response the Council said the answer was correct because the question was specifically about planned works in the next 2 years. There were no planned or anticipated works at the time of the purchase, although the Council acknowledged works were required.
12. Although Ms Y considers the Council has provided conflicting information, there is insufficient evidence of fault in its handling of the conveyancing process to justify further investigation. Further, the onus is on the purchaser of a property to satisfy themselves as to the condition of the property they are buying.
13. Ms Y asked the Council to buy back the property, and it has agreed to do so. If there is a dispute about the price the Council will pay, Ms Y can refer this to the District Valuer.
14. Ms Y has also complained the Council failed to keep the property in a proper state of repair and that its repairs team is not fit for purpose. We cannot investigate complaints about the Councils actions or inaction in its role as manager of social housing. Therefore, we cannot consider this part of the complaint further.

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Investigator's decision on behalf of the Ombudsman