Summary: We will not investigate this complaint that the Council has delayed the purchase of a property under the Right to Buy scheme. 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 X, complains that the Council has delayed her purchasing a property under the Right to Buy scheme. She says she applied in 2019 and is still wating for the process to be completed. She says this has caused her distress.

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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. Miss X applied to purchase her council house in 2019. The Council say there is a discrepancy with the plans for the property and that they needed to be amended with the agreement of her neighbour. The Council wrote to the neighbour but they had passed away and the house was being sold. The sale of the neighbouring property has now been completed and the Council say it has written to the new owners.
10. I will not investigate Miss C’s complaint because it is reasonable for her to complete the legal procedure set out in paragraphs 6 – 8, if she believes the Council are delaying the sale of the property. The courts are in the best position to decide the issues complained about.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman