Right to Buy your Council property
The Right to Buy is available to secure Council tenants who wish to purchase the home they live in. The Department for Communities and Local Government has produced a range of information on this topic which is available through the following link: https://www.gov.uk/right-to-buy-buying-your-council-home
Under the Right to Buy scheme, you can buy your home at a price lower than the full market value. This is because the length of time you have spent as a tenant entitles you to a discount.
You can apply to buy your council home if:
- it’s your only or main home
- it’s self-contained
- you’re a secure tenant
- you've been a public sector tenant for at least 3 years
You can make a joint application with:
- someone who shares your tenancy
- up to 3 family members who’ve lived with you for the past 12 months (even if they don’t share your tenancy)
For further information view the sections below or contact Housing Property services on Tel: 01543 462621 or email: firstname.lastname@example.org
You can get a discount on the market value of your home when you buy it if you qualify for Right to Buy.
The maximum discount is £84,200 in the Cannock Chase District. It will increase each year in April in line with the consumer price index (CPI).
The discount is based on:
- how long you’ve been a tenant with a public sector landlord
- the type of property you’re buying - a flat or house
- the value of your home
If you’re buying with someone else, you count the years of whoever’s been a public sector tenant the longest. You’ll usually have to repay some or all your discount if you sell your home within 5 years. You might get a smaller discount if you’ve used Right to Buy in the past.
Working out the discount
There are different discount levels for houses and flats.
You get a 35% discount if you’ve been a public sector tenant for between 3 and 5 years. After 5 years, the discount goes up by 1% for every extra year you’ve been a public sector tenant, up to a maximum of 70% – or £84,200 in the Cannock Chase District.
You get a 50% discount if you’ve been a public sector tenant for between 3 and 5 years. After 5 years, the discount goes up by 2% for every extra year you’ve been a public sector tenant, up to a maximum of 70% – or £84,200 in the Cannock Chase District.
If your landlord has spent money on your home
Your discount will be less if your landlord has spent money building or maintaining your home:
- in the last 10 years - if your landlord built or acquired your home before 2 April 2012
- in the last 15 years - if you’re buying your home through Preserved Right to Buy, or if your landlord acquired your home after 2 April 2012
You won’t get any discount if your landlord has spent more money than your home is now worth.
Applying and Procedure
Start by asking us for a Right to Buy claim form (Form RTB1). Call 01543 462621 and ask for the Right to Buy and Leasehold Section. Alternatively, you can download a form yourself from the internet by clicking on the following link: https://righttobuy.gov.uk/wp-content/uploads/2014/03/Latest-RTB1-form_Jan-2014.pdf
You should fill the form in carefully as the information will be used to decide whether you have the Right to Buy and how much discount you are entitled to. Once we receive your completed form (Form RTB1) we will contact you to arrange an interview with you at your home.
The Council will then send you Form RTB2 telling you whether or not you have the Right to Buy within 4 weeks from the date on which they received your RTB1 form (or within 8 weeks if you have been a tenant of the Council for less than 2 years).
If the Council agrees to sell your home to you, it will arrange for a valuation of your home to be carried out. Once this has been done, the Council will send you a Section 125 Notice which tells you the price you will have to pay for your home and any other terms and conditions of the sale.
The Council must send you this within 8 weeks of the date of the RTB2 form if your home is a house/bungalow and you are buying the freehold or within 12 weeks if your home is a flat or maisonette.
When you receive the Section 125 Notice, you may feel that the valuation of your home is too high. If you do, you can ask for a redetermination of the valuation by the District Valuer. If you want to do this you must let us know within 12 weeks of receiving the Section 125 Notice. The District Valuer's valuation will be the one that counts. Even if it is higher than the original valuation, you will have to accept it or withdraw your application to buy your home.
You have 12 weeks from the date of the Section 125 Notice to tell the Council whether you want to proceed with the purchase of your home or withdraw your application by completing Form RTB14. If you do not let us know what you intend to do in time, we will send you a reminder. If you do not reply within 28 days of the reminder, the Council will assume you don't want to buy your property and it will deem your application to have been withdrawn.
You don't have to buy your home just because you have told the Council you want to but if you do not tell the Council what you want to do, we will think you don't want to buy and you will have to start all over again. If the value of your home has gone up in the meantime, you will have to pay the higher price.
When we receive Form RTB14 the Council will instruct its Solicitor to liaise with your solicitor about completion of the sale. You should ask your Solicitor for advice on the legal documents and making your payment.
Most sales go through relatively quickly but sometimes there are problems or delays. If the Council does not send you Form RTB2 or the Section 125 Notice within the times specified, you may be allowed a reduction in the purchase price. To get this, you must fill in RTB6 and send it to the Council. You must give the Council at least one month to take the next step in the sale process.
The Council may send you a counter notice if it has already served you with a Response Notice or a Section 125 Notice or if there is no action that it can take to speed up the sale.
If the Council does not send you a counter notice within the time allowed, you can send the Council Form RTB8. The rent you pay while the delay goes on will then be taken off the price you have to pay for your home.
All the forms you need are available from the Council.
Please contact Right To Buy and Leasehold Section on 01543 462621.
Last Updated: 05/08/2020