Manchester City Council (25 013 492)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 27 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delay in the ‘right to buy’ process. This is because it is reasonable for Mr X to take the Council to court.
The complaint
- Mr X complains the Council delayed issuing a Section 125 Offer Notice following his ‘right to buy’ application and refused to apply a discount to the property.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X applied to buy his council property under the right to buy scheme. The Council accepted it did not issue the Section 125 Offer notice, which sets out the purchase price and terms of sale, within the 12-week timescale.
- Mr X asked the Council to reduce the right to buy price because of the delay. The Council considered his request and explained the statutory duty to refund rent was not triggered because Mr X did not serve a ‘right to buy’ delay notice. Mr X says the Council has a legal duty to compensate him.
- The law allows the County Court to decide any dispute about the right to buy scheme (Housing Act 1985, section 181). The court can make a binding order. So, the restriction in paragraph 3 applies to this complaint. As the law expressly provides this route for resolving such disputes, we normally expect applicants to use it, with legal advice if necessary. It is reasonable for Mr X to ask the Court to decide if he is entitled to compensation.
Final decision
- We will not investigate Mr X’s complaint because it was reasonable for him to have taken the Council to court.
Investigator's decision on behalf of the Ombudsman