Summary: We will not investigate this complaint about the Council’s delay in processing Miss X’s Right to Buy application. It was reasonable for her to use the statutory Tenants Notice of Delay procedure which applies to all these conveyances.

The complaint

1. Miss X complained about the Council delaying her application to buy her Council home. She says the procedure has taken 18 months and she has paid additional rent which was unnecessary had the procedure been properly progressed.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says the Council delayed processing her Right to Buy application which resulted in her paying additional rent which she would have saved. The Council told her that it accepts that some of the statutory timescales were exceeded.
6. Miss X was using a solicitor to conduct the purchase and the details about the statutory tenant’s notice of delay procedure are referred to in the purchase documents and on the government website regarding delay. Where the landlord delays a sale, the applicant can complete a notice of delay form and send it to the Council. If they do not take action within one month or send a counter notice, the applicant may use an Operative Notice of Delay form. After serving this the sale price may be reduced by the rent paid while waiting to hear from the landlord.
7. It was reasonable to expect the solicitor to serve the relevant RTB6 and RTB 8 delay notices when the statutory timescale was exceeded. The Council has offered an ex-gratia payment of £150 to Miss X in recognition of its poor communication but it does not accept that she could not have used the statutory procedure available to mitigate the cost of delay.
8. We will not investigate this complaint because it was reasonable for Miss X to seek redress for the delay using the procedure which is specifically intended for this purpose.

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Final decision

9. We will not investigate this complaint about the Council’s delay in processing Miss X’s Right to Buy application. It was reasonable for her to use the statutory Tenants Notice of Delay procedure which applies to all these conveyances.

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Investigator's decision on behalf of the Ombudsman