right to buy

What is the Right to Buy?

The Right to Buy legislation (Housing Act 1985 - as amended) gives you the right to purchase your Council house or bungalow, or acquire the Lease of your flat, if you have been a public sector tenant for at least two years. However if your tenancy began on or after 18th January 2005, you do not have the right to buy for at least 5 years. Periods spent in accommodation provided by the armed forces can also count towards your two-year qualifying period. Sheltered accommodation or properties deemed to be sheltered are excluded from the Right to Buy.

The discount you receive will depend upon the length of time you have spent as a public sector tenant or armed forces occupier. Periods spent as the husband or wife of a tenant can also count towards your discount entitlement.

Who has the Right to Buy?

You probably have the Right to Buy if you are a secure tenant of:

A District Council;
A London Borough Council;
A non-charitable Housing Association or other registered social landlord; or
A Housing Action Trust

You do not have the Right to Buy until you have spent at least 2 years as a public sector tenant - with your present landlord; or another Right to Buy landlord. If your tenancy began on or after 18.01.05 you must wait for at least 5 years. You will only be able to purchase under the scheme if your house, flat or bungalow is your only home and is self contained.

What discount is available?

The Right to Buy Scheme gives tenants a discount on the market value of their homes. The longer you have been a tenant, the more discount you get, up to a maximum limit that varies depending on where you live.

The maximum discount you could receive if you live in a house is presently 60%. If you are the tenant of a flat, the maximum discount is 70%.

However, the government has limited the amount of discount each local authority can give in cash terms and for the eastern region this is currently £34,000. This means that you may not receive the full percentage discount.

How do I apply?

You can request the Right to Buy claim form from housing services, which will be sent to you with an information booklet detailing all aspects of the Right to Buy Scheme. You should complete the Notice Claiming the Right to Buy application form (RTB1) and return it to Housing Services.

What happens next?

Once the valuation has been received the council's finance team will work out any discount allowed and this will be included in your formal offer.
You have a period of 12 weeks in which to reply to this offer. Once formal agreement has been received the application will be processed.
If you do not respond, another letter will be sent to you allowing 28 days to respond otherwise your application will be cancelled.

For more information visit DCLG (formerly the ODPM)- right to buy pages (This link will open in a new window)

Download Right to Buy information leaflet

Frequently Asked Questions

Q What if I decide to cancel my Right to Buy application?
A You must write to the Housing Department to inform them of your decision.

Q What is the true value of my property?
A You will be advised of this after formally applying for the Right to Buy and your property has been valued by the council's valuers.

Q If I withdraw my application, how soon can I re-apply?
A You can re-apply at any time after withdrawing your application

Q Can family members share the right to buy with me?
A Yes provided they are over 18, live in the property with you and have done so for the last 12 months.