Who Qualifies?
You have the right to buy your council property if you’ve been a secure tenant for more than two years (if you moved in after 18 January 2005 you won’t be eligible until 2010). The property must be self-contained and be your only home.
Housing association tenants might also have the same right, but that’s more dependent on circumstances. The property would need to have originally been a council property, with the ownership transferred to the association. You would also need to have been the tenant before and after the transfer occurred. Then, and only then, you may qualify for what’s called a Preserved Right to Buy.
There are some points that are worth knowing beforehand, though. If you’re on housing benefit to help pay your rent, you’d lose that if you were an owner-occupier. Income support might be possible, but it would take 39 weeks to come through.
If there’s a possession order against you regarding the home, if you’re an undischarged bankrupt or have a pending bankruptcy petition, or you have an arrangement with creditors but have paid all your debts, you’re not eligible under the scheme.
Something to remember is that if you buy a council house, you get the freehold. With a flat you obtain the leasehold, but you will probably also have to pay a service charge – how much will depend on the building and the council.
Find out your legal rights on a faulty product in less than a minute.
Try our Faulty Goods Rights Checker free, here on this site →Discounts
To make the proposition of buying your council house more attractive, they’re sold at a discount. How much less you pay varies, and there are definite monetary limits. Understandably, the longer you’ve been a tenant, the less you’ll pay. The discount is from the market value of the house, which will obviously vary from area to area.
If you’ve been in your house or flat for five years, you qualify for a 35% discount – which is a very healthy figure. But it gets better; if you’ve spent 20 years in the property (and many have) the amount rises to 50%.
Each area has a maximum figure, and it can go from £16,000-38,000, but you’ll need to contact your own council for more exact percentages and figures. The discount might also be affected by the amount (if any) the council or landlord has spent on the house for repairs and improvements.
One thing you need to remember is that, if you buy the property and sell it within five years, you’ll need to repay part or the entire discount you were given. This discourages speculation, and makes sure there’s a continuity of residency. If you want to sell within 10 years you’ll need to offer it at market value to the council or housing association, or another body mandated by the Secretary of State.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Moving Ahead
The first step you’ll need to take is to fill out an application form, which can be downloaded or obtained from your council or housing association. After it’s been reviewed, you’ll receive a Section 125 notice if you qualify to buy. It will detail the market value, any structural problems, what discount you’ll qualify for, and what you might have to pay in service charges and improvements over the next five years, as well as any terms on conditions that might apply to the sale. If you disagree, you can appeal to the District Valuer. However, be warned: his decision is final, and if he comes up with a higher price for the house, that’s what you’ll have to pay.
After receiving the Section 125 notice (or the Valuer’s figure) you’ll have 12 weeks to decide whether you want to go ahead with the purchase. You should have the property surveyed and talk to a number of lenders before making your final decision.
I qualify for a right to buy my council
House. My problem is that I’ve never earned enough to get a mortgage, until now !
Problem is that I’ve been left a flat as inheritance and under the new rules you’re not allowed to have a council house if you own another property.
Will I still qualify for my right to buy if I have been willed another property ?
Thinking of buy ing council house with RTB WILL I still be able to get the discount as I lived here as well thankyou
He is now 80 and losing his sight so I have purchased a BTL bungalow for him to get used to before it gets any worse, the flat is no longer suitable.
The Deed says if he can end the Trust by signing the flat over to me, which he would like to do. However, I have just read on the HM Gov site that if an arrangement to transfer a lease is made within 5 years of the original purchase then some or any discount may have to be repaid.
Would that apply in this case?
Over that time I’ve had 3 properties.
I originally had a right to buy but when I moved last time the new Housing trust said I only had the right to acquire after they had told me I would have right to buy.
They then told me the property I was in I couldn’t buy so they moved and paid for my move to a new property with a letter stating I had Right to acquire. I am confused as I was told that my right to buy stayed with me and as I’ve been a social tenant for over 20 years I could request a RTB with a discount...
I pay my rent and have been a tenant with my HT for 6.5 years the property I live in is built in 1950s and we have invested huge sums of money as we were also informed that this wouldn’t play a part in valuation.
Can someone please advise me of my rights and if I can buy or acquire???
Do i have to pay back any of the discount even though I am not selling and I am still living in the property?
Ask Consumer Rights Expert a question
Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.
You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.
Comments are moderated before publication.