The Ombudsman's final decision
Summary: We will not investigate this complaint about a delayed right to buy sale as it is reasonable to expect Miss X to have used the delay procedure provided in law to address this.
The complaint
Miss X complains about a significant delay by the Council in issuing the offer notice after she applied to buy her home under the right to buy (RTB) process. Miss X says this meant she had to continue to pay a significant amount of unnecessary rent. Miss X complains the Council did not advise her of her rights regarding a delayed sale.
The Ombudsman’s role and powers
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), 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 RTB law, a landlord must complete parts of the process within set time frames. If these are not met, the law provides a procedure whereby a purchaser can serve notices on the landlord, to move the sale along. If the landlord does not reply or take action, the purchaser can serve another notice with a view to obtaining a reduction in the sale price in respect of rent paid during the delay.
Miss X did not use this process as she says the Council failed to inform her of it.
We will not investigate as I consider it is reasonable to expect Miss X to have made use of this process. The Council’s website provides details of the delay procedure, as would any simple internet search. Miss X’s own solicitor could also have advised her of it.
As this is the procedure provided in law to address RTB delays and as I consider it reasonable for Miss X to have used it, we will not investigate.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to have used the delay procedure provided in RTB law.
Investigator's decision on behalf of the Ombudsman