Summary: We will not investigate this complaint about delay with the complainants application under the right to buy scheme. This is because it is reasonable for her to use her legal remedy via the courts.

The complaint

1. The complainant, who I will call Miss X, complains that the Council have delayed completing the sale of her home under the right to buy scheme. Miss X says any further delay could mean she misses out on buying her home.

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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 considered information provided by the complainant.
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 says she applied to purchase her house under the right to buy scheme in March 2021. Miss X says the Council have failed to progress the sale since and she is at risk of missing out on the property as her mortgage offer is due to expire.
10. I will not investigate Miss X’s complaint. This is because it is reasonable to expect her to use the process detailed above. 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 to expect her to use the legal remedy available via the courts.

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Investigator's decision on behalf of the Ombudsman