Sandwell Metropolitan Borough Council (25 018 855)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 01 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Right to Buy process. It would be reasonable for Miss X to use the Notice of Delay procedure, and if needed, take the matter to court.
The complaint
- Miss X complaints the Council has not progressed her Right to Buy (RTB) application because of an ongoing tenancy fraud investigation.
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
- Under the Housing Act 1985 a Right to Buy applicant can serve a Notice on the Council if they consider it is delaying on 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 Act. This section of the Housing Act makes provision for an applicant to ask the Court to decide any issue arising during their application to purchase.
- We will not investigate this complaint because it is reasonable for Miss X to use the process detailed above if she believes the Council are causing an unreasonable delay.
Final decision
- We will not investigate Miss X’s complaint. It would be reasonable for Miss X to use the Notice of Delay procedure, and if needed, take the matter to court.
Investigator's decision on behalf of the Ombudsman