Summary: The Ombudsman will not investigate Mr B’s complaint about the Council’s offer notice in the right to buy process. This is because it is not unreasonable to expect Mr B to seek a remedy by going to court.

The complaint

1. The complainant, whom I shall call Mr B, complained that during the right to buy process, the Council’s offer notice failed to specify the lease would not be for the usual term of 125 years. He says he understands the cost of extending the term to 125 years would now be around £8000.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered the information Mr B provided, the Council’s final response to his complaint and government guidance on the right to buy process. I have given Mr B an opportunity to comment on my draft decision.

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What I found

5. Mr B was formerly a council tenant. He applied to buy his flat under the provisions of the Housing Act 1985.
6. In March 2018 the Council sent Mr B an offer notice setting out the terms of the sale. Mr B says the offer notice did not state the length and expiry date of the proposed lease. He told us this led him to believe the lease was for the standard 125 years. He then arranged a mortgage, paid for a for valuation and found a solicitor based on the lease being for a term of 125 years. His solicitor told him subsequently the lease term had 91 years remaining. He asked the Council to increase the term but he says it refused to do.
7. When the Council replied to this complaint, it said its officer had discussed the lease expiry date with Mr B at a face to face interview. The Council said Mr B had signed the checklist from the interview which referred to the lease expiry date. Mr B told the Council he had no recollection of this.
8. The Council has agreed to amend letters in future to include the expiry date of the lease. But it says the legal advice it has obtained is that its offer notice was valid.
9. The Housing Act 1985 says the county court has jurisdiction to decide any questions arising during the purchase of a property under the Right to Buy.
10. Because the county court has jurisdiction, the restriction I describe in paragraph 3 applies to a complaint about the right to buy process. We usually consider it reasonable for someone to take the matter to court because the purchase of a property involves legal processes and Parliament has decided this is how such matters should be resolved. We have no powers to order the Council to extend the term of the lease.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because it is not unreasonable to expect Mr B to seek a remedy by going to court.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman