Leicester City Council (25 005 055)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 16 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of the complainant’s Right to Buy application. It is reasonable to expect the complainant to use the statutory notice of delay procedure, and ultimately to take the Council to court.
The complaint
- Mrs X complains the Council has failed to provide information and has delayed the progress of her Right to Buy (RTB) application.
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 Mrs X, and 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 (other than the valuation of the property) arising during their application to purchase. The Council would have the chance to put forward a defence, and the Court could decide the matter.
- The law expressly provides this route for RTB disputes. I therefore find it reasonable for Mrs X to use this notice of delay process and, if necessary, to go to court, to address any delays in the purchase of the property.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable to expect her to use the alternative court remedy available to her.
Investigator's decision on behalf of the Ombudsman