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Annual Report of the Ombudsman 2008 (text version)

5.2.5 Selected Cases - Elderly woman allowed to apply to buy her council dwelling after being refused

Arklow Town Council refused an elderly woman’s application to apply to purchase her dwelling. She was allocated tenancy of a one-bedroom house over 30 years previously. At the time she was 55 years old and lived with her young daughter. She made enquiries over the years in relation to purchasing the dwelling but was informed by the council that it operated a strict policy prohibiting the sale of one-bedroom dwellings. She became aware that the council had agreed to the sale of a similar dwelling and in 2001 wrote to the council referring to this sale and applying to purchase her dwelling. In response the council stated that, as the dwelling is a 'flatlet', it was not available for purchase under the tenant purchase scheme. Her son raised the matter again in 2006 and was informed that, although the council did agree to the sale of a similar dwelling in the past, this decision was not in keeping with normal council policy. The council stated that small dwellings were not included in its tenant purchase scheme and that it has attempted to retain smaller type dwellings within its stock in order to accommodate the housing needs of elderly people.

Having taken up the case, my Office found the following:

• Although described by the council as a 'flatlet', the complainants dwelling was not a flat,
• The type of dwelling occupied by the complainant was designed for occupation by both single and elderly people and had also been used to accommodate young childless couples,
• It was clear that the dwelling was not specifically designed for the occupation of one or more elderly persons, and
• The tenant purchase scheme adopted by the council did not provide for the exclusion of small dwellings from the scheme.

I requested that the council review its decision and the council agreed to reconsider the matter and subsequently allowed the complainant to apply to purchase her house.

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