Right to Buy

Under The Housing Act 1980, Council tenants are given the option to purchase the property that they rent from the Council at a discounted price, provided the tenant has lived in the property for a period of two years. The longer the tenant has lived in the property, the greater the discount the tenant is eligible to receive.

Tenants living in property that was subsequently transferred to a Housing Association may still have the preserved right to buy (PRTB) provided the tenant resided in the property before and after the transfer from the Council to the Housing Association.
There are requirements set out by each Local Authority, for example that there must be no rent arrears, and these will be confirmed by the Council when the tenant submits their application to purchase under the Right to buy scheme.

Not all lenders are prepared to provide finance to purchase a property under the right to buy scheme. We will be happy to provide you with a specialist mortgage advisor who will be able to best advise you in this respect.

The same legal requirements need to be fulfilled when purchasing a property under the Right to Buy scheme from the Council. Your legal advisor will still be required to obtain the necessary searches and undertake the same legal enquiries, and deal with any specific requirements stipulated by the lender.

RIGHT TO BUY MILESTONES

1. Consider legal documentation received from the Local Authority’s solicitors.
2. Raise any legal enquiries and request any additional searches required.
3. Consider mortgage offer and deal with any specific requirements of the lender
4. Provide buyer with a draft completion statement confirming the monies required to complete.
5. Once satisfied with seller’s replies to enquires, that all searches are clear, and that the buyer and buyer’s lender are protected, invite the buyer in to the office to discuss the purchase in detail and to obtain buyer’s signature to the Contract, Transfer Deed and mortgage deed. Alternatively, a fully detailed Contract Purchase report can be sent out to the buyer if preferred.
6. Obtain buyers balance monies required to complete, agree a completion date and exchange contracts with the seller’s legal advisors. Request the buyer’s mortgage advance from their lender.
7. On the completion date, transfer the purchase monies to the seller’s legal advisors and await confirmation that the monies have been received and the keys have been released. Inform the buyer that the keys are available for collection.

Following completion, we are required to submit the Stamp Duty Land Transaction return form and payment to the Inland Revenue and to register the transfer of ownership in to your name at HM Land Registry.