Right to Buy

Right to Buy

Do I have the Right to Buy?

The Right to Buy depends on a number of criteria. Firstly you must be a secure tenant. If you have a non-secure tenancy or are a tolerated trespasser you will not qualify.Secondly, You must have been a public sector tenant for at least 2 years if your tenancy began before 18th January 2005, or 5 years if your tenancy began after 18th January 2005.  A public sector tenancy is one that is given by public sector landlords, such as Council’s, Housing Associations, etc.Thirdly, your property must be  qualifying. Properties that are particularly suitable for the elderly, Sheltered housing for people who are elderly or vulnerable, properties the council provides to its employees as part of their conditions of service and properties due to be demolished generally would not qualify. Other restrictions may also apply. If you submit an application, we will carry out all the necessary checks and inform you whether or not you qualify with 4 weeks of receiving your application.

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How do I apply for the Right to Buy?

You need to fill out a Right to Buy application form. Application packs consisting of an application form and Right to Buy Booklet are available from the area offices, on the internet. Or you can call Home Ownership Services on 020 8825 9506 and they will be sent to you.

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Are there any costs associated with the Right to Buy?

The application process, the valuation and the Council’s legal costs are all free. You will not be charged for these. However, you will need to pay various external costs such as:·  Your own solicitors fees· Land Registry Fees· Fees for local searches· Mortgage arrangements fees· Stamp

Duty More importantly, you should consider the ongoing long-term costs of home ownership. These include;
· Mortgage repayments
· All internal repairs, maintenance and replacements
· Buildings insurance
· Contents insurance
· Life insurance
· Council tax
· Water, gas and electricity
· If you by a house – all external repairs, maintenance, redecorations and replacements
· If you buy a flat -  service charges - Ealing Homes will carry out repairs (external and communal areas), and in many cases provide services such as cleaning, caretaking, gardening, etc to the building. You will need to pay for these services which could cost you as much as £1,500 per year.  You will be advised of your estimated limited cost in the offer of sale.
· Major Works: In addition to service charges, you will need to pay for major works such as roof or window replacements, external redecorations, etc, that are carried out by Ealing Homes. You may be asked to pay as much as £10,000 every 5-7 years.  You will be advised of your estimated cost for the first 5 years in the offer of sale.

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How much is my property worth?

We cannot give you a valuation until you formally apply. The valuation forms part of the process. If you are interested in an estimate, try talking to a local estate agent or looking in the local paper.

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What discount will I receive?

You will receive a maximum of £16,000. This is the maximum that was set by the Secretary of State in 2003.  I though the discount depended on the length of time I spent as a tenant.

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Why do I only get £16,000 discount?

The discount is still calculated based on the number of years a tenant has held a public sector tenancy. However, the Secretary of State set the maximum discount payable in Ealing to £16,000 in 2003. This limit is the same across most of London.

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What happens when I apply?

We will check all the details and respond to you within 4 weeks of receiving you application to let you know if you have the Right to Buy or not.If you do, we will then refer your case to the Council’s valuer who will value your property. We will then send you an Offer of Sale. This will be within a further 8 weeks if your property is a house, or 12 weeks if our property is a flat.The Offer of Sale will set out the value of the property, your discount entitlement and the conditions of the sale. If your property is a flat, it will also give details of estimated service charges, planned major works, buildings isurance and a draft copy of the lease.You will then have 12 weeks to accept the offer, decline the offer, or ask for a revaluation.If you ask for a revaluation the District Valuer will determine the price and a new offer will be sent to you. The District Valuers value is final even if it is higher than the Council’s value. If you accept the offer, the case will be passed to the Council’s legal team who will arrange completion of the case.Upon completion, you will become a home owner. Typically if your property is a flat you will become a leaseholder and if your property is a house you will become a freeholder.

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What happens if I am not happy with the Council’s valuation of

You can ask to have the value determined by the District Valuer. However, the Disrtict Valuer’s valuation is final even if it is higher than the Council’s valuation.

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Can friends or family members apply for the Right to Buy?

Up to 3 family members (including partners) can apply to purchase the property. However, at least one tenant of the property must be included in the purchase. Family members alone cannot apply. In addition, the family members must also have lived at the property for at least 12 months prior to the Right to Buy application, with the exception to spouses who qualify automatically.Friends cannot be party to the Right to Buy.

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What happens if I am claiming benefits?

Claiming benefits does not prevent you from applying or qualifying for the Right to Buy. However, if you are claiming benefits, you may find it difficult to obtain a mortgage. Please also be aware that all applications screened by audit and investigations for evidence of fraud.

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If I move, do I keep my Right to Buy?

This will depend on where you move to and the type of tenancy that you are given. If you move to another Ealing Council property and you are given a secure tenancy, yes. However, if you are given a non-secure tenancy then you will no longer qualify for the Right to Buy. If you move to a Housing Association, you will need to discuss with them whether or not you will be able to purchase the property you move to.

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Can I apply for the Home Buyers Grant as well as the Right to

Yes. Although you will only be able to proceed with one. If you apply for both, you will need to withdraw from one scheme at a later date.

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