Summary: We will not investigate this complaint about delays in a right to buy sale as there is a statutory delay procedure Mr X could have used to address this. We will not investigate the Council’s final valuation of the property as this was a matter for the District Valuer.

The complaint

1. Mr X complains the Council delayed in dealing with his right to buy (RTB) application and twice increased the sale price. Mr X says this has caused him financial loss.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Under RTB law, a landlord must complete certain stages of a house sale in fixed time frames. If there is delay, the purchaser can make us of the ‘Tenant’s notice of delay’ procedure which may result in rent paid being taken off the sale price.
8. This is the prescribed procedure provided in law, and it is reasonable to expect Mr X to have used it. We will not therefore investigate. Ultimately, had Mr X followed this procedure and disagreed with the Council’s position, he could have asked the county court to rule on the dispute, under section 181 of the Housing Act 1985.
9. The law provides that the District Valuer decides disputes about the sale price. This is not something we can determine. It is reasonable to expect Mr X to have asked the District Valuer to value his home, when the Council raised the sale price, and we will not therefore investigate.

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Final decision

10. We will not investigate Mr X’s complaint because there were procedures provided in law available to him, to address any delay and his disagreement with the property valuation, and it is reasonable to expect Mr X to have used them.

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Investigator's decision on behalf of the Ombudsman