Summary: We will not investigate Mrs B’s complaint that the Council took too long to process her Right to Buy application. This is because it was reasonable for Mrs B to use the statutory notice of delay procedure, and if needed, take the Council to court.

The complaint

1. The complainant, who I will refer to as Mrs B, complains the Council took 13 months to process and complete her Right to Buy application. Mrs B says delay by the Council meant she had to pay rent for an unnecessarily long time and she will have to wait longer before she has the right to sell the property. Mrs B would like the Council to refund the rent she paid for six months, which is the period of delay accepted by the Council.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by Mrs B including the Council’s final response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. In response to Mrs B’s complaint, the Council accepted there were two periods during which the Council delayed processing Mrs B’s Right to Buy application. The Council apologised to Mrs B for this. But, the Council said if Mrs B’s solicitor had concerns about delay they should have advised Mrs B of the relevant notices to serve on the Council.
7. There is a strict procedure with time limits for each stage of the Right to Buy process. As the Council says, the Housing Act 1985 provides for a Right to Buy applicant to serve a Notice on the Council if they consider it is delaying the sale.
8. 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. 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.
9. 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.
10. The delay notice process exists to protect buyers’ financial positions with rent paid during a delay and the impact of a delay on future discount repayment arrangements. The law expressly provides this route for Right to Buy disputes, so we normally expect people to use it. 
11. I find it was reasonable for Mrs B, who had a solicitor representing her, to have used this process by serving relevant notices on the Council, and if needed, taking the Council to court. If Mrs B considers her solicitor was at fault for failing to advise her about this process she would need to complain to her solicitor.

Back to top

Final decision

12. We will not investigate Mrs B’s complaint because it was reasonable for her to use the notice of delay procedure, and if needed, take the Council to court.

Back to top

Investigator's decision on behalf of the Ombudsman