Summary: We will not investigate this complaint that the Council are responsible for delays in completing the sale of a house under the Right to Buy scheme. This is because it would be reasonable to expect the complainant to use the legal remedy available to her under the Right to Buy procedure.

The complaint

1. The complainant, who I will call Ms X, complains that the Council are responsible for delaying the sale of a property to her, under the Right to Buy scheme.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

Right to buy procedure

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.

Analysis

9. I will not investigate Ms X’s complaint. Ms X has recently served the Council with a notice of delay. If the Council does act on the notices served, Ms X can raise the matter with the County Court. The Court is in the best position to decide the issues complained about and therefore it is reasonable for her to use this legal remedy.

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Final decision

10. We will not investigate Ms X’s complaint because it would be reasonable for her to use her legal remedy in the courts.

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Investigator's decision on behalf of the Ombudsman