Overview
The complainants (Mr and Mrs C) raised concerns about East Dunbartonshire Council’s (the Council) failure to pay for their share of repairs in a four unit property where the Council owned one of the units. They also complained about the length of time taken by the Council to answer correspondence.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council did not have the necessary procedures in place to deal with enquiries from home owners and to process repairs on buildings in which they own one of the units (not upheld);
- (b) the Council failed to train its staff and amend its processes in anticipation of the Tenements (Scotland) Act 2004 (upheld);
- (c) there is no process in place for arbitration in cases where there is a dispute between the Council and owner-occupiers regarding repairs and, additionally, that the Council cannot serve a statutory notice on itself to carry out repairs (not upheld); and
- (d) the Council took a long time or failed to respond to requests and correspondence from Mr and Mrs C (partially upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) should meet the legal costs incurred by Mr and Mrs C in pursuing the issue of the Council’s obligations under the Tenements (Scotland) Act 2004;
- (ii) make a further payment of £150 to Mr and Mrs C for their time and trouble in pursuing this matter and their subsequent complaint;
- (iii) apologise to Mr and Mrs C for their failure to respond to their enquiries in August and October 2004; and
- (iv) take steps to ensure that any enquiries are promptly and appropriately dealt with even if they are received by the wrong department.
The Council have accepted the recommendations and will act on them accordingly.