London Borough of Lambeth (23 011 346)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 30 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delay in the complainant’s right to buy application. It is reasonable to expect the complainant to use her right to go to court to resolve the disputed issue.
The complaint
- Miss X says the purchase of her home under the Right to Buy (RTB) process has been delayed because the Council says there is no legal requirement to provide the fire safety information being requested by some mortgage lenders.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Miss X and the Council, which included their complaint correspondence.
- I also considered the Ombudsman’s Assessment Code.
My assessment
- Under section 181 of the Housing Act 1985, a RTB applicant has the right to go to the county court about any problem or dispute about their application (except about the valuation, which is not relevant in this case). So, at any time during the claimed delay, Miss X has had the right to ask the court to order the Council to end the delay and progress the sale. The Council would have the chance to put forward a defence, and the court could decide the matter. So, the restriction in paragraph 2 applies to this complaint.
- As the law expressly provides this court route for such difficulties with the RTB process, we normally expect people to use that right. Court action might have cost implications. However, Miss X could ask the court for her costs if her action succeeds. Also, in the context of a transaction for a valuable asset such as Miss X’s home, the potential cost of court action does not, in itself, make it unreasonable to expect her to take that action. For these reasons, I consider it reasonable to expect Miss X to go to court about the delay caused by the disputed issue.
Final decision
- We will not investigate Miss X’s complaint because it is reasonable to expect her to pursue a court remedy.
Investigator's decision on behalf of the Ombudsman