Gateshead Metropolitan Borough Council (26 009 457)
Category : Housing > Council house sales and leaseholders
Decision : Closed after initial enquiries
Decision date : 14 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about repayment of a right to buy discount. It is reasonable to expect Mrs X to take the matter to court.
The complaint
- Mrs X complained the Council refused to waive the discount she would need to repay if she sold her house, which was bought under the Right to Buy (RTB) scheme.
- Mrs X said she wants to move house due to anti-social behaviour (ASB) in the area and the Council’s decision has prevented her from moving.
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
- If a person who bought a house under the RTB scheme wants to sell it within five years of purchase, they must pay back part of the discount.
- Mrs X complained the Council refused to waive this for her, despite her concerns about ASB in the area.
- The law allows the county court to decide any dispute about RTB, under the Housing Act 1985, section 181. The restriction in paragraph four therefore applies to this complaint.
- As the law expressly provides this route for resolving such disputes, we would normally expect it to be used. Mrs X could take this action herself or with legal advice if necessary. There might be some cost to court action, but that alone does not automatically make taking court action unreasonable, particularly in the context of a house sale or purchase. The court would provide a formal legal ruling; we are not able to do so.
- For these reasons, it is reasonable to expect Mrs X to use the right to go to court and so we will not investigate.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable to expect her to take the matter to court.
Investigator's decision on behalf of the Ombudsman