Right to Buy Scheme
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Right to Buy Scheme
Mark talks to us about the Right to Buy scheme.
Is the Right to Buy scheme still available?
[episode recorded in August, 2024]
Yes, it is, but only in England. There’s nothing in Scotland or Wales at the moment and Northern Ireland has its own similar scheme, called the House Sale scheme. As long as you live in England, there’s no problem.
What does Right to Buy mean?
It allows a tenant that rents through a local authority to buy the house that they are living in. The local authority would give them a discount on the property price, which will depend on how long the tenant has been renting from that council. This discount can be used as a deposit when you’re applying for a mortgage.
Who is eligible for Right to Buy? Can anyone get this?
Yes, as long as they have been a tenant for three years or more. And this doesn’t have to be concurrent – if they’ve been a tenant before and then had a gap, as long as they’ve got three years in total, they are eligible for Right to Buy.
Can I get Right to Buy as a joint application?
Yes. You don’t have to have been named on a tenancy agreement. You can be a family member or a partner, but your plan must be to live in the house along with the tenant, and you cannot own another property. That’s the only stipulation around it.
What’s the process if I do qualify for Right to Buy?
The first thing I would advise is to check your eligibility, and speak to Right to Buy. It’s also advised to talk to a broker like myself at that point, as well, to work out the costs and get all the advice you can.
There is then an application form that you can get from the landlord, or from the government website. You complete and send off the form, and the landlord has four weeks to respond. It can take longer – up to eight weeks – if you’ve been with the landlord for less than three years.
They’ll then send you an S125 notice for the purchase of the house, which sets out all the conditions. Once you’re happy with the landlord’s terms and you have a mortgage lined up, a valuation is done on the property and your discount is confirmed.
You’ll then understand the price you’ll pay, and you’ll know if there are any structural problems. You will also get an estimate of service charges that you may need to pay over the next five years.
Once you have your offer from the landlord, then that’s where we come in. At that point, you have up to 12 weeks to accept your landlord’s offer. It’s during this time we narrow down your mortgage, get the survey done and instruct the solicitor for the conveyancing.
It’s always right to get some advice if you’ve not already done so, to understand all the costs before you sign anything. We apply to the lender with your offer letter from the landlord and then you go through the process as with any normal mortgage. Your solicitor will deal with the legal part at the end.
It’s a long-winded sort of process, and slightly longer than a normal mortgage, but it’s all to make sure there are no surprises for anyone throughout the process.
Do I need a deposit for Right to Buy ?
Generally, no, you don’t. Most lenders will accept the discount as your deposit. A couple will need a small deposit, but in most cases we use the discount as the deposit itself. You won’t need to use any of your own money.
What’s the discount if you live in a house or if you live in a flat?
These could change at any point, but if we were applying today in August 2024, there’s a maximum discount of £102,400 across England, and slightly higher in London at £136,400.
Discounts start at 35% on a house, once you have your three years’ tenancy. Then, after five years, you get an extra 1% for each year of your tenancy – up to a maximum of 70%. So, depending on how long you’ve lived there, then you could get anywhere between 35% and 70% off the price.
It’s different on a flat. Discounts start at 50% for the three years’ tenancy. After five years, you will get a 2% further reduction for every year you’ve been in the property, again, up to 70%.
Speak To an Expert
Come on in and be quite forward with what you’re after – just be very honest with your mortgage broker. It’s good to make sure that we know absolutely everything about you. That way we can’t be blindsided by a lender. An open book policy is very good when coming to see your mortgage broker.
Can I let my Right to Buy property?
A buyer has to live in the home as their main residence for a minimum of five years before they can sell it without having to repay the initial Right to Buy discount, or begin to rent it out.
You’ll also need permission from the mortgage lender to rent that property out.
Are there options if I’m refused by the council?
There generally needs to be a good reason why they refuse. It could be your current position around income; the property may not be suitable or there’s an issue with your credit history. These will all have to be in order for you to apply again.
What does preserved Right to Buy mean?
Preserved Right to Buy is where your current home was transferred from the council to another landlord, like a housing association. Preserved Right to Buy basically means that you’re eligible to buy the home in the same way as if you were still a council tenant. You will still be able to buy your home at a discount.
What does Right to Acquire mean?
Right to Acquire works in the same way as Right to Buy, but with some important differences. It’s where you buy from a housing association, and they may sell a tenant an alternative property to the one they live in.
The discount offered is also less generous than with Right to Buy, but it still offers the option of buying a property at a lower price.
How do I apply for Right to Buy ?
We covered that off a little bit earlier. My advice is to speak to a broker, which is always a good idea. Contact the Right to Buy landlord and find out all the information about the scheme.
Involving a broker early on means you’re aware of all the costs involved, the monthly commitments and all those things that will influence your decision to move forward.
Can the council refuse my Right to Buy application?
Yes, they can. It’s usually due to something in your background. You could have a pending bankruptcy petition or you may have made arrangements with creditors – things concerned with your credit history.
If you’ve got a court order suspending your Right to Buy because of antisocial behaviour, that will also stop your application.
There may also be something connected with the property itself. Perhaps it can only be used as sheltered housing, which wouldn’t come under the Right to Buy scheme. There may even be a demolition notice attached to that property. They can refuse the application in this kind of circumstance.
What happens if there are delays?
Generally Right to Buy involves quite tight timeframes on how everything should be dealt with. If there are delays, the landlord really needs to move the case on within a month of a counter notice. A counter notice will say that you’ve already applied and you’re trying to speed things up.
If you don’t get another response within a month, there is a form online called an Operated Notice of Delay Form, which you then send to the landlord. Once you’ve sent that, the landlord may have to refund your rent and they can even be asked to provide more discount.
It doesn’t happen that often, but if there are delays through the Right to Buy scheme, there are things in place to make sure that it doesn’t run on indefinitely.
On the mortgage side, if you’ve gone direct to a bank or building society, it’s a case of chasing them. If it’s through a broker like myself, we will do all that chasing for you.
How can a mortgage broker help? Is there anything else you’d like to add?
Buying a house in any way can be quite a stressful process. And the fact that you’ve got a two stage process here with Right to Buy – with the landlord initially, and then the mortgage side – can make it even more complicated.
A broker can’t do an awful lot with the Right to Buy because that’s obviously a separate process, but we can take all the hassle away on the mortgage side. You will need to provide certain documents and things like that, but otherwise we do all the chasing and keep you up to date, allowing you to carry on with your everyday life.
Also, if we’ve put an application in, with interest rates varying quite a bit at the moment, we can keep an eye on those for you. Between the application going in and you completing, if better interest rates became available we would switch over to that better rate for you.
There’s no cost for doing so, and it means that you’re guaranteed to be on the right rate at the start of your mortgage.
The whole idea with a broker is that we hold your hand right through the process, so when you get into the property it’s all done. We’d have discussed protection and anything else you need around it. We help with solicitors and estate agents – we’re there to do everything as much as you need us to.
If you need anything at all, we’re always there to help. We always advise you to spend time finding out as much as you can initially, so there are no big surprises at any point – that’s the advice I have for anyone looking at doing this.
YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE.
There may be a fee for mortgage advice. The actual amount you pay will depend on your circumstances. The fee is up to 1% but a typical fee is 0.3% of the amount borrowed.
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