Summary: We will not investigate this complaint about the Council’s delay in processing the complainant’s Right to Buy application. The complainant has already used the processes set out in the relevant legislation and the Council deducted rental payments from the sale price. The Council has apologised for the earlier delay and offered the complainant £250 in recognition of the distress caused. We consider this a suitable remedy and further investigation will not lead to a different outcome.

The complaint

1. The complainant, I shall call Ms X, complains the Council delayed in progressing her ‘Right to Buy’ (RTB) application which impacted on her mental and physical health and caused financial strain.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

5. Part V of the Housing Act 1985 (‘the Act’) sets out the RTB process.
6. The Act allows tenants to serve an ‘initial notice of delay’ form if they consider the Council is holding up the sale. The Council must then either move the sale along within a month or send a counter notice to the tenant. The counter notice will explain what action the Council has already taken or explain why it cannot progress the sale.
7. If the Council does not reply within a month, the tenant can complete an ‘operative notice of delay’ form. Any rent the tenant pays while waiting for the Council’s response can be taken off the sale price.
8. If a Council 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 section provides for the Court to decide any question about the Right to Buy process.

What happened

9. In July 2021, Ms X put in a valid RTB application. The early-stage work was completed including the valuation.
10. Due to delay in the progress of her application, Ms X served the notice of delay form. The Council deducted rental payments from the purchase price.
11. We normally expect a buyer under the RTB scheme to use the processes and options available under the Act outlined above. They are the specific methods provided by Parliament to deal with Right to Buy disputes.
12. Ms X has used the notice of delay procedure set out in the Act, and the Council deducted her rent payments from the sale price of her property. It is not unreasonable to expect her to have used this right earlier when the delay began
13. The Council has exercised discretion and acknowledged some delay before Ms X started the notice of delay procedure. It apologised and offered Ms X £250 in recognition of the delay.

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Final decision

14. We will not investigate Ms X’s complaint because she has already used the process set out in law to deal with delay in the RTB procedure. The Council’s apology and offer of £250 in recognition of the distress in addition to the deduction of rent payments from the sale price caused is a suitable remedy to the remainder of the complaint. Further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman