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Information on your Right to Buy

The Right to Buy scheme is statutory and gives tenants the right to purchase the home they occupy at a discount

If you are thinking of buying your home, you should get as much advice and information as you can, so you can be sure you make the right decision.  We can provide you with guidance and advice.

Further information

• Who has the Right to Buy
• Exceptions to the Right to Buy
• The procedure
• The price payable for your home
• Delay Notice Procedures
• Likely costs incurred when applying
• Likely costs incurred by an owner and leaseholder
• Flats and Maisonettes

Obtain a Information pack and application form by

Sending an email to Right2Buy@redditchbc.gov.uk Contacting the Right to Buy Department on 01527 534109 Visiting any of the One Stop Shops

Available in other languages for information contact Right to Buy Department or see the ODPM website address.

Who has the Right to Buy

You probably have the Right to Buy if you hold a Secure Tenancy of your home and:

• If your Secure Tenancy started before 18th January 2005 you must have been a tenant for at least 2 years before you can exercise your Right to Buy your home
• If your current Tenancy started after 18th January 2005, providing you have at least 2 years unbroken tenancies, including the current tenancy, then you may still qualify after 2 years
• If you became a Public Sector Tenant on or after 18th January 2005, you must have been a tenant for at least 5 years before you can exercise your Right to Buy

Exceptions to the Right to Buy include the following

• If you do not hold a Secure Tenancy to your home.
• If you are an un-discharged Bankrupt or have a Bankruptcy petition pending against you.
• If you have made arrangements with Creditors and you still owe them money.
• If a Court has made a possession order for you to leave your home or if you have failed to comply with the strict conditions of a Court Order in relation to rent arrears.
• If an Initial Demolition Notice or a Demolition Notice has been served.
• Homes that form part of a development particularly suitable for elderly or disabled persons.
• Homes that form part of a Sheltered Housing Development.
• If your Secure Tenancy has been replaced with a Demoted Tenancy as a result of a Court Order granted to your Landlord for Anti-Social behaviour which is still in force.

There are other exclusions which are detailed in the booklet “Your Right to Buy your Home”.

Please also remember that your personal circumstances may also affect your eligibility.

The procedure for claiming the Right to Buy your home

Obtain a Right to Buy Information pack containing an application form and the booklet “Your Right to Buy Your Home” by:

Contacting the Right to Buy Department on 01527 534109

Sending an email to Right2Buy@redditchbc.gov.uk

Visiting any of the One Stop Shops

No later than 4 weeks after the receipt of your application form (RTB1) a Notice in Reply to the Tenants Right to Buy Claim form (RTB2) will be issued to you by post.  The RTB2 will either admit that you may exercise the Right to Buy your home or explain the reason why the application is being turned down.

When your application has been accepted, the Council’s Valuer will be instructed.  The Valuer will contact you to arrange an appointment to inspect and value your property.

A Valuation Notice (Section 125 notice/offer) will be issued.  If your home is a house or a bungalow, the section 125 notice will be sent to you within 12 weeks of the issue date the RTB1 was received.  For a flat or maisonette, the section 125 notice will be issued within 12 weeks after the date your RTB1 was received.

Included in the Section 125 notice will be an Acceptance Slip.  You will be required to complete and return the slip within 12 weeks of the issue date of the Section 125.

After receiving your Acceptance Slip to proceed with the purchase of your home, the draft documents will be sent to your Solicitors or other Legal Representatives.

If at any time you decide not to proceed with the purchase of your home this must be confirmed to us in writing.

The price payable for your home under the Right to Buy Scheme

The valuation will be the market value of your property with vacant possession as at the date of receipt of your RTB1 form.

The maximum discount allowable for Redditch is £26,000

The discount allowed will be reduced if you have previously purchased a property under the scheme with a discount.  The discount may also be reduced when the cost of building, acquiring, repairing, maintaining or improving your home within the 10 years period prior to receiving your application is taken into account (The cost floor rule).

The Council’s Valuer’s do not carry out a structural survey.  It is suggested that you obtain your own independent structural survey.

Delay Notice Procedures

Delay notices will be issued by the Council as the Landlord should the need arise, for example:

If you do not return the Acceptance Slip within 12 weeks of the issue of the Section 125 notice then you will be served with a notice giving you a further 4 weeks to return the slip.  If it is still not received after the additional 4 weeks period then your Right to Buy will be withdrawn by the Council.

If you decide to proceed with the purchase of your home you have a period of 12 weeks from the date the Council receives the Acceptance Slip to complete the matter.  If you do not complete the purchase within 12 weeks, then the Council may serve a Prior notice to complete, known as a Section 140 notice which will give you a further 8 weeks to purchase your home.   If you still fail to complete after the 8 weeks has expired a Final Notice to complete (Section141 notice) will be served on you which will lead to your application automatically being withdrawn by the Council.

Delay notices may also be served by applicants on the Council if, for example you do not received your Section 125 notice on time.

You are likely to incur costs when applying to buy your home

For example:

Stamp duty, Legal fees, Survey fees, Valuation fees and costs associated with taking out a mortgage and any fees payable to a Financial Adviser or Mortgage Broker.

There are no charges made by the Council in the normal processing of your Right to Buy application.  If you are told of a cost by the Introducing Agent, then be very wary and ask for further details.  Some companies may try and charge you a large fee, which can exceed 2% to 10% of the mortgage you place with them.  We would advise you to get more than one quote as other companies may charge lower fees, if at all, for the same service.

Regular payments are likely to be incurred by an owner and leaseholder purchasing a property under the Right to Buy Scheme

Payments are for example, for Mortgages or other loans secured on the property.  Insurances such as, buildings, contents, life or sickness cover.  Bills including Council tax, water and sewerage charges, gas, electricity or other utility bills.

Flats and Maisonettes

All flats and Maisonette are sold subject to a long term lease.

As well as regular payments detailed in 'Likely costs incurred', you will be required to pay service and repair charge contributions.  The estimated service and repair charges are fully detailed in the secure Tenant’s Right to Buy Landlords Offer Notice, issued under Section 125 of the Housing Act 1985 (as amended).  If you fail to pay the service and repair charges, action will be taken through the Court which may result in you losing your home.

For more information on an aspect of the Right to Buy Scheme:

Contact the Right to Buy Department on 01527 534109 Send an email to Right2Buy@redditchbc.gov.uk Visit any of the One Stop Shops