Overview
The complainant (Mr C) complained that South Lanarkshire Council (the Council) had wrongly advised him of the impact of a transfer of tenancy from his wife (Mrs C) to himself on his Right to Buy discount under the Housing (Scotland) Acts 1987 and 2001. In September 2008, Mr and Mrs C contacted the Council to discuss transfer of tenancy options. A request to assign the tenancy was approved by the Council on 30 September 2008 and the tenancy was transferred to Mr C. Mr C applied to purchase his Council house in October 2008 and, while an offer to sell was initially made under the old Right to Buy scheme, following clarification of Mr C's tenancy commencement date, he was advised that his purchase could only proceed under the modernised Right to Buy.
Specific complaint and conclusion
The complaint which has been investigated is that Mr C was wrongly advised by the Council of the impact of a transfer of tenancy from Mrs C to himself on his Right to Buy discount (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) keep a written record of the advice given when processing Assignation of Tenancy applications;
- (ii) ensure that the review of the Tenancy Sign Up Procedure is completed as a matter of urgency;
- (iii) consults with Mr and Mrs C in order to offer them an opportunity to enter into a joint tenancy or to re-assign the tenancy to Mrs C. In the event that Mrs C then subsequently applies to purchase the property either alone or jointly with Mr C, the Council shall apply to the Scottish Ministers for consent to the sale on the basis of the preserved Right to Buy discount to which Mrs C was entitled; and
- (iv) in the event that the Scottish Ministers do not consent to any subsequent sale on the basis of the 70 percent preserved Right to Buy discount to which Mrs C was originally entitled, should ensure that Mr and Mrs C receive an ex-gratia payment to reflect the terms of the loss they have incurred financially being the difference between the price under Section 63 of the Housing (Scotland) Act 1987 under circumstances where a 70 percent discount would have applied under the preserved Right to Buy provisions and the price under Section 63 of the Housing (Scotland) Act 1987 under the modernised Right to Buy provisions.