Summary: We will not investigate this complaint about the way the Council is handling the complainants Right to Buy application. This is because it is reasonable to expect her to use the remedy available to her via the courts.

The complaint

1. The complainant, who I will call Miss C, complains about the Council’s handling of her Right to Buy application. Miss C says she applied in December, but the Council has delayed processing her application. Miss C says this is delaying her buying her home and that the Council should expedite the process and refund her any extra rent that she has paid due to the delay.

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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 Act 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 considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. There is a strict procedure with time limits for each stage of the Right to Buy process. The Housing Act 1985 provides for a Right to Buy applicant to serve a Notice on the Council if they consider it is delaying on the sale. The Council must either move along the sale or send a counter notice to the tenant explaining what action it has taken or explain why it cannot progress the sale.
7. If the Council does not reply within a month the tenant can complete a ‘operative notice of delay’ form. Any rent the tenant pays while waiting for the Council’s response can be taken off the sale price.
8. If a Council still does not act on notices of delay, a tenant may take their dispute to the County Court, under section 181 of the Act. This section of the Housing Act makes provision for an applicant to ask the Court to decide any issue arising during their application to purchase.
9. I will not investigate Miss C’s complaint. She has started the notice of delay procedure set out above to get the Council to move on her Right to Buy application. I find it is reasonable for Miss C to complete this procedure and if needed take the Council to court. The Court is in the best position to decide the issues complained about and the procedure allows for rent to be taken off the purchase price if there has been delay.

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Final decision

10. We will not investigate Miss C’s complaint because she it is reasonable for her to use the legal remedy available to her.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman