Summary: Mr X complained about delay in completing a new build property which he is buying from the Council. The Ombudsman should not investigate this complaint. This is because the complaint concerns a private conveyance and he would need to take legal proceedings in the courts if he believes the Council breached its contract.

The complaint

1. The complainant, whom I shall call Mr X, complains about delay in completing a development in which he has purchased a flat. He says this has caused him considerable expense from storing his belongings and paying rent to a friend whilst awaiting completion.

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The Ombudsman’s role and powers

2. 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

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has been given the opportunity to comment on the draft decision.

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What I found

4. Mr X applied to buy a flat in a new-build development by the Council in 2018. He was successful but the developer was unable to complete the building works by the estimated date due to delays caused by legal access and easement complications.
5. Mr X says he was effectively homeless due to the delay and had to pay rent to a friend and place his belongings in storage at cost. He claimed £3,000 compensation from the Council because of the delay in finishing the scheme.
6. The properties were for sale to the public as private purchases and not subject to the Right to Buy procedure. The Council says the developer could not foresee all the issues which arose with the building works and that it has no responsibility to compensate prospective buyers for commercial sales.
7. The Ombudsman cannot investigate complaints about private sales by councils. Mr X has his own solicitors dealing with the conveyance and this is a private legal undertaking between him and the Council.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because the complaint concerns a private conveyance and he would need to take legal proceedings in the courts if he believes the Council breached its contract.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman