Central Bedfordshire Council (24 011 392)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 18 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delays to the right to buy process. This is because it is reasonable for the complainant to go to court.
The complaint
- Mr X complains that the Council has delayed processing his right to buy (RTB) application. Mr X is dissatisfied with the level of compensation offered by the Council to remedy the injustice caused by the delay.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- 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.
- 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.
- The law expressly provides this route for RTB disputes, so we normally expect people to use it.
- I will not investigate this complaint. I consider it was reasonable for Mr X to use the notice of delay process and, if necessary, to go to court, to resolve his concerns.
Final decision
- We will not investigate Mr X’’s complaint because is reasonable for him to go to court.
Investigator's decision on behalf of the Ombudsman