City of Wolverhampton Council (24 003 565)

Category : Housing > Council house sales and leaseholders

Decision : Closed after initial enquiries

Decision date : 08 Aug 2024

The Ombudsman's final decision:

Summary: We will not investigate Mrs X’s complaint about Council delays in handling her right to buy application. It was reasonable to expect Mrs X to use the legal notice of delay procedure and, if needed, to take the Council to court.

The complaint

  1. Mrs X says the Council has delayed processing her right to buy (RTB) application. She would like the Council to process it and refund the rent she has paid from the date of her application.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot normally investigate a complaint when someone could have taken the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to have gone to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. There is a strict procedure with time limits for each stage of the RTB process. The procedure also provides for an applicant to serve a ‘notice of delay’ on the Council if they consider it is delaying the sale.
  2. 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.
  3. 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 Housing Act. This makes provision for an applicant to ask the Court to decide any issue/disputes arising during their application to purchase.
  4. The law expressly provides this route for RTB disputes, so we normally expect people to use it. 
  5. We will not investigate this complaint. I consider it was reasonable for Mrs X to use the notice of delay process and, if necessary, to go to court, to resolve her concerns.

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Final decision

  1. We will not investigate Mrs X’s complaint because it was reasonable for Mrs X to use the notice of delay process and, if necessary, to go to court, to resolve her concerns.

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Investigator's decision on behalf of the Ombudsman

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