The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council has delayed processing his Right to Buy application. This is because it is reasonable for Mr B to serve legal notices on the Council, and if needed, take the Council to court.
The complaint
Mr B complains the Council has not taken any action on his Right to Buy application. Mr B also complains the Council has not replied to his Initial notice of delay. Mr B says he is being charged rent while the Council delays dealing with his application. Mr B would like the Council to get his application completed and refund all rent payments he has made since he put in his 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 Act 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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
There is a legal process for a Right to Buy applicant to follow if a local authority delays processing their application.
This involves the applicant sending an Initial notice of delay form to the authority. The authority must then either move the sale along or send a counter notice. If the authority does not reply within one month the applicant can send an Operative notice of delay. This process can be used each time there is delay by the authority and it allows for rent to be taken off the sale price.
We generally expect this process to be used if a person is complaining that a local authority is taking too long processing their Right to Buy application.
If an authority 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 arising during their application to purchase.
Mr B says the Council did not respond to his Initial notice of delay. Mr B may pursue this matter by sending an Operative notice of delay. Mr B may also use this process for any further periods of delay, and if needed take the Council to court. I find it is reasonable for Mr B to do this.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to use the Notice of delay procedure and if needed take the Council to court.
Investigator's decision on behalf of the Ombudsman