The Right to Buy scheme allows Secure Council Tenants the opportunity to buy their home at a price lower than the market value. This is because the length of time you have spent as a tenant entitles you to a discount. This page describes the Right to Buy scheme as its works today. It is not a substitute for professional advice. It is a summary of the law relating to Right to Buy and it is not intended to be comprehensive.
The circumstances in which the Right to Buy CAN be exercised:
- You may have the Right to Buy if you are a secure tenant and have been for three years.
The circumstances in which the Right to Buy CANNOT be exercised:
- You cannot buy your home if a court makes a possession order, which says you must leave your home. Neither can you buy your home if you are an undischarged bankrupt.
- The Right to Buy cannot be exercised when a tenancy is held on a property which is sheltered housing. Special rules must be met in these cases. 'Sheltered Housing' normally means that the property is one of a group of such dwellings, where a warden service is provided, and that there is a common room nearby.
- You cannot exercise the Right to Buy if it is a condition of employment that you live in the property to be near to your work i.e. Resident Warden/Caretaker
- You cannot exercise the Right to Buy if there is a demolition order on the property.
The exceptions to the Right to Buy set out in schedule 5 of the Act:
You do not have the Right to Buy if your home is particularly suitable for occupation by elderly persons, taking into account its location, size, design, heating system and other features; was let to you or the previous tenant for occupation by a person aged 60 or over, whether they were the tenant or not; and was first let (to you or someone else) before 1 January 1990.
This is in accordance with paragraph 11 of Schedule 5 to the Housing Act 1985. If you are denied on these grounds, then you are able to ask a Residential Property Tribunal to decide if the decision is correct. This request must be made within 56 days after the Landlord has denied your application.
More information on this is available in the section 'Your Right to Buy your Home'
The procedure for claiming the Right to Buy
| Apply to buy | |
|---|---|
| Landlord admits your right to buy | |
| Valuation | |
| Landlord sends notice telling you your purchase price and conditions of sale | |
| Get A Survey | |
| If you disagree with the landlords valuation, ask for a determination by the District Valuer | |
| Contact Landlord to either | |
| Proceed with Application | Withdraw |
| Get legal advice | |
| Get Mortgage | |
| Ensure rents accounts are clear | |
| Complete | |