The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in the processing of a Right to Buy application because of a boundary problem. It would be reasonable for the complainant to follow the Notice of Delay procedure and to take the matter to court if necessary.
The complaint
Mrs X says the Council has delayed processing her council house purchase under the Right to Buy procedures.
Mrs X says she would like the Council to sort out the boundary lines, pay her back all the fees, costs, and compensation, reduce the price of the house as soon as possible so she can get a suitable mortgage, due to its failure to process the matter promptly.
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, Mrs X may serve an Initial Notice of Delay on the Council. The Council must either move the sale along or send a counter notice to Mrs X explaining what action it has taken or explain why it cannot progress the sale. The Council says a boundary problem would be a reason for it to serve a counter notice.
If the Council does not reply within a month the tenant can issue an Operative Notice of Delay’. Any rent the tenant pays after the Operative Notice would reduce the price of the property.
If the Council does not resolve the boundary problem to Mrs X’s satisfaction, or fails to act on a Notice of Delay, the law says Mrs X may ask the county court to resolve the dispute and decide what should happen. (Housing Act 1985, section 181) The law says it is for the county court to decide any matter in dispute in a Right to Buy transaction, and the cost of an application to it would be proportionate in a property purchase. It would therefore be reasonable for Mrs X to use the procedures set out in law to resolve her complaint.
Final decision
We will not investigate Mrs X’s complaint because it would reasonable for her to follow the Notice of Delay procedure and to take the matter to court if necessary.
Investigator's decision on behalf of the Ombudsman