Summary: We will not exercise discretion to investigate this complaint about refusal of a right to buy application. It is reasonable for Mr X to challenge the refusal of his protected Right to Buy in the courts or the Lands Tribunal.

The complaint

1. Mr X says she has lost his Right to Buy because the Council transferred its stock to a housing association who says he is ineligible to buy the lease for his home.

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

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My assessment

5. Mr X says he is unable to exercise his Right to Buy his home because it was transferred to a housing association and the landlord has told him he is not eligible to buy the lease.
6. We made some enquiries of the Council and it says it is unaware of any application from Mr X. The housing association to whom it transferred its stock deals with Right to Buy applications itself under the transfer agreement.
7. If the landlord has refused Mr X’s application it is required to give reasons formally in the RTB2 response document. Mr X could then challenge the decision either in the County Court, or the First Tier Property (Lands) Tribunal in certain circumstances.

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Final decision

8. We will not exercise discretion to investigate this complaint about refusal of a right to buy application. It is reasonable for Mr X to challenge the refusal of his protected Right to Buy in the courts or the Lands Tribunal.

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Investigator's decision on behalf of the Ombudsman