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Right to buy - buying your rented home

housing@knh.org.uk

Can I buy my rented home?

You may have the right to buy your present rented home if you have been a secure tenant of a local authority, non charitable housing association or have been provided accommodation by the armed forces for at least two or five years, depending on when your tenancy began.

You may not have the right to buy your home if your home is being used as temporary accommodation or is designed to be suitable for the elderly or disabled or is owned by a charitable organisation.

For more details you can get a copy of the Government leaflet, "Your right to buy your home" by contacting the Right to Buy Team .

How do I buy my home?

Start by completing an Application form (RTB1) available from your neighbourhood housing office or the Right to Buy Team.

How do I know what the value of my home is?

If your landlord has agreed to allow you to buy your home you will receive notice of the price you will be required to pay and the terms and conditions of the sale.

If you think your landlord has valued your home too high, you have the right under section 128 of the Housing Act 1985 to an independent valuation from the District Valuer.

Can I buy my flat or maisonette?

If you live in a flat or maisonette, you have the right to buy a long lease from your landlord. Individual flats are not usually sold freehold, and therefore you will be required to pay a ground rent of no more than £10 per year. In addition to this you will have to pay service charges, this is a charge made to cover communal services such as lighting and cleaning of staircases and maintenance of the building (e.g. roof repairs, lift maintenance etc.)

At the time when Kirklees tenants are informed of the purchase price, we will also include a schedule of annual charges and any works due to be carried out to their property or the block in which their property is situated in the next five years their likely contribution to the costs involved.

Do I have to pay for a valuation?

No, your landlord will arrange for your home to be valued.

Should I be paying full rent before I can apply to buy my home?

No, if you are claiming housing benefit you are still entitled to apply to buy your home.

Can I apply to buy my home if I am in arrears with my rent?

Yes, the application can be processed, however you will be expected to clear any arrears before completion of the sale.

Can I expect to pay less than the market value because I am a tenant?

The right to buy means that you will be entitled to a discount on the market value for your home. The amount of discount will depend on the total number of years you have been a tenant of a local authority or housing association. The total number of years includes past tenancies and not just the number of years you have lived in your present home.

If your home is a house or bungalow you will qualify for a discount of between 32% and 60% based on minimum tenancy of 5 years and maximum tenancy of 30 years.

If your home is a flat or maisonette you will qualify for a discount of between 44% and 70% based on minimum tenancy of 5 years and maximum tenancy of 15 years.

Whatever percentage discount you are eligible to receive, your discount cannot be greater than the maximum allowed for this area, which is currently £24,000.

If I have made improvements in my home will it increase the value of the property?

When you apply to buy you will be asked what if any improvements you have made to your home. This information will be passed to the valuer who will assess the value of the property as if the improvements had not taken place.

Who is responsible for repairs and maintenance to my home if I apply to purchase?

As soon as you apply to buy your home you will not be entitled to routine repairs or improvements (except for work required by law and to keep it weather-tight). Your home will be excluded from any planned modernisation works such as new windows etc.

If your home is a flat or maisonette it is likely that you will buy your home on a long lease (usually 125 years). Your landlord will be responsible for repairing and maintaining the external and communal areas of the building such as roof and lift areas and for providing buildings insurance cover. However, as an owner of your flat or maisonette you will be required to pay a service charge which will cover a reasonable share of the costs incurred by the landlord.

Can I apply for a mortgage from the council?

No, Kirklees Council does not offer mortgage facilities.

How soon after I buy my house can I sell it?

You are entitled to sell your home straight away. However, if you sell in the first year you will be required to pay back all of the discount. If you sell in the 2nd, 3rd or 4th year you will be required to pay back some of the discount: the amount to be repaid will be reduced until the 5th year, when you can sell without paying back any of the discount to your landlord.

If you applied to buy your home before January 2005 and you sold within three years, you would have to pay a percentage of the discount received:

  • First year - full discount
  • Second year - two thirds
  • Third year - one third.

If you applied to buy your home after 18 January 2005 and you sell it within five years, you will be required to repay a percentage of the resale value, which reduces by one fifth each year.

What will happen to my home if I die within 3 years of buying it?

If the property is sold, the same rules of paying back the discount applies as above. However, family members can take over the ownership of the property without paying back the discount as long as the property is not sold to the family members.

Will the council buy back my home?

At the moment the council does not buy back homes.

Can I buy my house in joint names with my son/daughter/partner?

Any adult family member who has lived in the home for more than 12 months and has no other permanent address has the right to buy the property jointly with the tenant. Family members who have not lived in the property cannot have their name included on the sale, however they are not prevented from assisting with private financial arrangements.

More information

See also

Useful websites

More detailed guidance and application forms are available from:
Quality homes and services in successful communities
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