Step 1 Applying to Buy

The Right to Buy forms are available for free from the Council together with advice about how the scheme operates.

You will need to complete a Right to Buy application form (RTB1), this form is available from the Council offices free of charge, contact the Housing service team on 01233 330688. Please complete this form carefully and return it to us, we will then be able to decide if you are eligible to buy your property and what discount you are entitled to.

(Companies may offer to help you with the Right to Buy process but will charge you for doing so. You are strongly advised not to pay out any money to these companies but to talk to us first).

Step 2 The Council’s Response Notice

The Council will send you a notice form RTB2 within four weeks of receiving your completed form. This will confirm if you have the Right to Buy your home. If you have been a tenant with us for less than two years you will receive a response within 8 weeks.

Step 3 The Council’s Office Notice

If your Right to Buy application has been accepted we will arrange for a valuation to be carried out by an independent valuer (for which there will be no charge to you). We will then send you an Offer Notice (known as the Section 125 Notice). This will be sent to you within:

• Eight weeks of receiving your RTB2 form if your home is a house and you are buying the freehold
• Twelve weeks of receiving your RTB2 form if your home is a flat or a maisonette

The Section 125 Notice is an important document and you should read it carefully. It will:

• Describe the property
• Tell you the cost of the property, as at the date we received your RTB 1 form (valuation date), excluding any improvements you have made and less any discount to which you are entitled
• Describe any structural defects that we are aware of
• If you are buying a flat or maisonette, give an estimate of service charges and improvement costs that you will have to pay during the first five years of the lease.

The Government's Discount Table

Important note: The Government has set the maximum amount of discount that can be given in this area, regardless of the number of qualifying years, at £38,000.

Step 4 Appealing to the District Valuer

When you receive your Section 125 Notice you can ask the Council, within three months, to obtain an further valuation from the District Valuer if you think the price is too high by stating that you want a “determination of value” under Section 128 of the Housing Act 1985. You will then have four weeks in which to put your case to the District Valuer who will as part of his valuation inspect your home.

The District Valuer’s valuation will be final. You should be aware that the revised valuation may be higher than the original valuation.

Step 5 Getting a Survey

Buying a property is a major financial commitment. Before you decide to buy it is in your own interests to we have an independent survey carried out by a qualified surveyor so that you are fully aware of the condition of your property. If you are applying for a mortgage, the bank or building society will have a survey carried out to value the property but this may not uncover any structural problems.

Step 6 Getting Legal Advice

You will also need to employ a solicitor to carry out the conveyancing for you, you will be responsible for meeting this cost. You should always ask how much they charge for this service in advance (many now have fixed charges for this type of work). Your solicitor should be able to advise you on such things as the terms of sale and rights of access. Make sure you read the small print on any Mortgage offers or legal documents, if there is anything you do not understand don’t be afraid to ask.

Step 7 Informing Your Landlord What You Want to do Next

You must now decide

• Whether to buy your home, or
• Withdraw your claim

You must tell the Council within 12 weeks of receiving your original offer notice, or the revised notice if you requested the District Valuer to revalue your home, whether you are going to proceed with the purchase or not.

If we do not hear from you in that time, we will send you a notice giving you 28 days to make a decision. If you do not reply within that time we will assume you do not wish to proceed and your Right to Buy claim will be cancelled. (If you want to go ahead after the claim is cancelled you will have to start the process from the beginning)

You do not have to purchase your property because you have exercised your Right to Buy, you are free to withdraw your claim at anytime during the process, just drop us a line to confirm it.

Step 8 Enquiring About a Mortgage

If you decide to accept the offer and need a mortgage you will need to talk to a building society or a bank to arrange this.

Step 9 Completing your Purchase

You will need to give us details of your solicitor in order for us to pass your claim to our solicitors for the necessary documents to be prepared. This process can take a couple of months to complete.

You can take the time you reasonably need to get a mortgage or legal advice and to discuss the terms of sale with us. However, the Council can send you a warning notice after three months after your offer notice. This will ask you to either complete the purchase within 60 days or to write and tell the Council that you disagree with the terms of the sale.

If you do not contact us we will send you a second 60-day notice asking for you to complete the purchase. If you do not contact us your application will be cancelled at the expiry of the second notice.

What If There Are Delays Or Problems With The Sale?

Most sales go through quickly, but occasionally there are problems or delays. If the Council does not send you the notice telling you if you have the Right to Buy (form RTB2), or the Offer Notice (Section 125 Notice) within the times mentioned in this guide, or is otherwise delaying the sale, you may be allowed a reduction in the purchase price.

To be eligible for this reduction, you will need to fill in an Initial Notice of Delay (Form RTB6) and send it to the Council. You must allow the Council at least one month to take the next step in the sale process.

If we have already served you with a Response Notice, a Section 125 Notice or if the delay is beyond our control and we can take no further action to speed up the sale the Council may send you a Counter Notice.

If the Council does not send you a Counter Notice within the time allowed, you can send the landlord an Operative Notice of Delay (Form RTB8). The rent you pay while the delay goes on will then be taken off the price you have to pay for your home. If the landlord delays the sale again, you can repeat this procedure.