Summary: We will not investigate Mr X’s complaint about the Council’s delays in progressing his Right to Buy application. This is because it is reasonable to expect Mr X to use the legal remedy available to him under the Right to Buy procedure in the County Court.

The complaint

1. In summary, Mr X complains about the Council’s delays in processing his application to buy his Council property via the Right to Buy procedure.
2. Mr X is concerned about his mortgage offer expiring and would like rent refunded.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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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What I found

Legal background – Right to Buy

5. 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.
6. 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.
7. 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.

Assessment

8. Mr X can take his complaint to the County Court. I find it is reasonable for Mr X to use this procedure to take the Council to court. The Court is in the best position to decide the delay complained about.

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Final decision

9. I will not investigate this complaint about the Council’s handling of Mr X’s Right to Buy application. This is because it is reasonable to expect him to go to court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman