Right to Buy
The Right to Buy (RTB) is a Government scheme
first introduced in 1980 that allows secure tenants to buy their
home. All councils must operate this scheme.
Right to Buy means you may be entitled to buy
your council home at a discount to the full market value. The
price will depend on how long you have been a secure tenant.
The maximum discount available in Thanet is £38,000.
Once you have claimed the Right to Buy the council will not
usually carry out general maintenance other than that for which is
has a statutory obligation. For example, to keep the property
wind and watertight, and to adequately maintain services ie,
heating, sanitary and electrical installations.
Warning
Buying your home is probably the biggest
financial decision you will ever make. If you decide to
exercise your right to buy you will become responsible for
all the costs of maintaining your home, including major
structural repairs, routine repairs, and improvements to it.
As a tenant, you are entitled to claim Housing
Benefit if you are unable to pay the rent. You cannot claim
Housing Benefit to help pay a mortgage.
If you are approached by a person or
company offering to help you buy your council home, check out
what’s in it for them. We don't charge for helping or
advising with your Right to Buy, and there is no charge for the
valuation. For impartial advice contact Landlord
Services 01843 577214.
Can I apply?
Yes – if
- You are a Secure Tenant
- You were a tenant before 18 January 2005
- You have been a public sector tenant for at least two years (
with Thanet council, another council or housing association, or
other public body – please ask if you are unsure)
If your tenancy started after 18 January 2005,
you will have to wait until you have spent at least 5 years as a
public sector tenant.
No – if
- You have a non-Secure Tenancy
- You have an Introductory Tenancy
- You are a Service Tenant – ie a Council Scheme Manager or
Caretaker
- Your home is particularly suitable for occupation by elderly
people
- You have a Possession Order outstanding against you
- You are an undischarged bankrupt, or have a bankruptcy petition
pending against you.
Further information is available:
- Your Right to Buy your Home
- Thinking of Buying a council flat?
- TDC booklet Thinking of buying your
home?
Paper copies of these are available on request, ring 01843
577214 for a copy.
How do I apply?
Step 1
Contact the Landlord Services team for a
free application form (Form RTB 1), or download it here.
Fill out the form carefully because the
council uses it to decide:
- whether you have the Right to Buy, and
- how much discount you will get.
If you need help filling in the form, our staff are pleased to
help. There is no charge for this service. For more
help online, visit the
direct.gov.uk website.
Once you've filled out the form, it is a good idea to send it to
us by Recorded Delivery, or deliver it by hand to one the of
council offices.
Don't forget to get a receipt. Remember, your application form
is a legal document.
You should also keep a copy of your application form.
Step 2
Once the council receives your application form, it has 28 days
to advise you whether you have the Right to Buy. If you have
been a tenant of Thanet Council for less than 2 years, the council
has up to 8 weeks to reply. The letter you receive is called
Form RTB2.
Step 3
If the council has agreed to sell your home to you, you will
receive a document called a Section 125 Notice. This will
tell you how much you have to pay, and the terms and conditions of
sale.
Step 4
If you are not happy with the valuation, you can appeal to the
District Valuer. In this case, his will be the valuation that
counts, whether it is higher or lower thant the council's
price.
Step 5
This is the time to resolve any other queries you have about the
Section 125 Notice. For example, the amount of your discount
or your home's boundaries. If you do have a query you are advised
to seek legal advice.
Step 6
Before you make a decision whether to buy your home it is
advisable to get an independant survey carried out by a qualified
surveyor. When you apply for a mortgage, the bank or building
society will carry out a survey, but this is only to
value your home. It will not show up any structural
problems.
Step 7
Once you decide to go ahead with buying your home you first need
to get legal advice from a solicitor or licensed conveyancer.
Step 8
You need to tell the council about your plans. You must
tell them if you have decided not to go ahead, or if you wish to
proceed. You must tell them within 12 weeks of receiving your
Section 125 Notice.
Step 9
You will need to get a mortgage from a bank or building society
to buy your home. You can apply for this at any stage, in
fact it it advisable to do this early on. Your bank or
building society can give you a certificate to show they are
willing to lend you the money before an actual mortgage is taken
out. It is a good idea to shop around the various lenders to
get the right mortgage for your circumstances.
The Financial Services Authority can give you more information
on how to go about this.
Step 10
It may take a couple of months, or longer, to complete
your purchase. This depends on how long it takes the financial and
legal formalities to be completed.
Service Charges
If you are buying a flat or maisonette in a block, you will have
to pay service charges every year.
As a Leaseholder, the council wil be your landlord. It
will be responsible for maintaining communal areas within the block
(lifts, stairs and hallways, etc), and the grounds outside.
The Leasehold Management Unit of the council can help with any
queries or advice about this.