The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about delays in the Council progressing her Right to Buy application. It would be reasonable to expect her to use the statutory delay procedure and take the matter to court if necessary.
The complaint
Ms X complains the Council is not actively progressing her Right to Buy (RTB) application. Ms X acknowledges a Land Registry issue exists, but says the Council is not working to resolve the issue or keeping her updated.
Ms X says the matter has caused her financial difficulty and distress.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained the Council is failing to progress her RTB application.
Where a council delays a sale, the applicant can complete a notice of delay form and send it to the council.
The council must then either move along the sale or send a counter notice to the tenant explaining what action it has taken or explaining why it cannot progress the sale. If the council does not reply within one month, the tenant can complete an ‘operative notice of delay’ form. Any rent the tenant pays while waiting for the council’s response may be taken off the sale price.
If a council still does not act on notices of delay, the applicant 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 or dispute arising during the RTB process. The council would have the chance to put forward a defence, and the court could decide the matter.
The law expressly provides this route for RTB disputes, so we normally expect people to use it. I consider it would have been reasonable for Ms X to use the notice of delay process and, if necessary, to go to court to address any delays in the purchase of the property. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint because it would be reasonable to expect her to use the statutory delay procedure and take the matter to court if necessary.
Investigator's decision on behalf of the Ombudsman