The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in Mr X buying his home from the Council. It is reasonable to expect Mr X to use his right to go to court.
The complaint
Mr X complained the Council has delayed since August 2021 selling his home to him under the ‘right to buy.’ The delay is reportedly due to difficulty with the Council providing necessary fire safety information about the building’s external wall cladding. Mr X says this has caused him inconvenience and expense.
The Ombudsman’s role and powers
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
The law covering the right to buy entitles tenants to serve Delay Notices on the Council if there is undue delay in the process. Any rent paid after a Delay Notice takes effect is deducted from the purchase price when the sale eventually completes. We would expect Mr X to have served Delay Notices, especially as he had legal advice. The Council says Mr X has not served Delay Notices. In that case, it is not the Council’s fault if any rent Mr X has paid during the delay will not be deducted from the purchase price.
A ‘right to buy’ applicant has the right to go to the county court about any problem with the application (except about the valuation, which is not relevant in this case). (Housing Act 1985, section 181) So, at any time during the claimed delay, Mr X has had the right to ask the court to order the Council to end the delay and progress the sale. The Council would have the chance to put forward any defence in court and the court could decide the matter. So the restriction in paragraph 2 applies to this complaint.
As the law expressly provides the court route for such difficulties with the right to buy, we normally expect people to use that right. Mr X has legal advice, which adds to the expectation that it is reasonable to expect him to go to court. Court action might have cost implications. However, Mr X could ask the court for his costs if his action succeeds. Also, in the context of a transaction for a valuable asset such as Mr X’s home, the potential cost of court action does not, in itself, make it unreasonable to expect Mr X to take that action. For these reasons, I consider it reasonable in the circumstances to expect Mr X to go to court about the delay.
Final decision
We will not investigate Mr X’s complaint because Mr X could reasonably use his right to go to court.
Investigator's decision on behalf of the Ombudsman