Summary: We will not investigate this complaint about delays in purchasing a council home through the right to buy scheme. This is because it is reasonable for Miss X to take court action, and we have no jurisdiction to investigate complaints about social housing tenancies.

The complaint

1. Miss X complains that there are delays in the purchasing of her council home under the right to buy scheme. Miss X also complains that repair works have not been carried out during the right to buy process.

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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.)
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended.)

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. There is a process in place for tenants to use when there is a delay in purchasing a property through the right to buy scheme. The tenant can serve an initial notice of delay if they consider the Council is delaying the process unnecessarily. If the Council does not respond, the tenant can serve an operative notice of delay. If they remain dissatisfied the tenant can apply to the county court to resolve any disagreement.
8. In this case, Miss X made a right to buy application in 2018 which was approved. In 2019, a notice of delay was served by Miss X on the Council because conveyancing had not progressed.
9. The Council then served a landlord’s counter notice, which stated it did not hold title for the attic room so this could not form part of the purchase. It proposed that the property the Council does hold be conveyed.
10. If Miss X did not agree with the Council’s response she could have submitted the operative notice of delay form. She could also apply to the county court at any stage during the right to buy process to resolve any disagreement. The county court may decide any dispute about the right to buy including disputes about the conveyance or transfer, lease, eligibility or size of discount under Section 181 of the Housing Act 1985 save for disputes over the valuation of property. It is reasonable for Miss X to go to court if she would like to raise a dispute.
11. Miss X reports that repair works have not been carried out on the property since the right to buy process started in 2018.
12. We cannot by law investigate complaints about the Council acting in its role as landlord. Miss X may wish to approach the Housing Ombudsman Service to see if it can help with these matters in her complaint.

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Final decision

13. We will not investigate this complaint. This is because it would be reasonable for Miss X to take court action to resolve the apparent dispute, and we have no power to investigate complaints about social housing tenancies.

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Investigator's decision on behalf of the Ombudsman