Overview
The complainant (Mr C), the owner of a tenement flat, raised concerns about the handling of statutory notices issued by The City of Edinburgh Council (the Council) under the City of Edinburgh District Council Order Confirmation Act 1991 and about financial advice and assistance he received.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council failed to give Mr C correct and sufficient advice regarding obtaining finance for his share of the costs of works instructed under statutory notices (not upheld); and
- (b) the actions of the Council and their agents (the Agents), with regard to the apportionment of costs, were inconsistent (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) revisit, and take steps to seek to prevent, the situation where the Agents sent out invoices in April 2008 on the basis of an erroneous list of owners;
- (ii) reimburse Mr C for any additional costs he incurred in consequence of the Agents' initial erroneous invoice; and
- (iii) consider formally whether it is appropriate for them to seek recovery of the costs of works on the basis of title and, if they are mindful to do so, inform Mr C accordingly in order that he can seek appropriate legal advice on his own options.
The council have accepted the recommendations and will act on them accordingly.