right to buy
📖 What is right to buy? Meaning and definition
The 'right to buy' is a significant legal entitlement for eligible tenants of local councils, enabling them to become homeowners. This right is established under specific legislation, such as the Housing Act 1985, and allows tenants to apply to buy their rented property. Once a tenant expresses a wish to buy, the landlord (the council) typically issues a 'Right to Buy Offer' which outlines the terms of the sale, including estimates for future service charges, repairs, and improvements that the new homeowner would be liable for.
However, this right is not absolute, and there are specific exceptions where a landlord can deny an application. One notable exception, as seen in tribunal cases, applies to properties that are deemed particularly suitable for occupation by elderly persons. If a property meets certain criteria, such as being let to a tenant aged 60 or more and having characteristics that make it suitable for older residents, the council may be entitled to deny the 'right to buy' application.
When a 'right to buy' application is denied by the landlord, the tenant can challenge this decision by making an application to the First-tier Tribunal Property Chamber (Residential Property). The Tribunal will then determine whether the landlord's grounds for denial, for example, the 'elderly suitable property' exception, are valid according to the Housing Act 1985. The Tribunal's decision will confirm whether the exception applies and if the landlord is entitled to rely on it to refuse the sale.
📋 Requirements
- The applicant must be a secure tenant of a council property.
- The property must not fall under specific exceptions, such as being particularly suitable for occupation by an elderly person.
- For the 'elderly suitable property' exception, the property must have been let to a person aged 60 or more and possess specific characteristics regarding accommodation and location.
📝 Procedure
- A tenant gives notice to their council landlord of their wish to buy the property.
- The council landlord serves a notice, such as a Section 125 Notice under the Housing Act 1985, outlining the terms of the offer, including estimated future costs.
- If the landlord denies the 'right to buy', the tenant can apply to the First-tier Tribunal Property Chamber (Residential Property).
- The Tribunal determines whether the landlord's stated exception to the 'right to buy' (e.g., suitability for elderly persons) applies to the property.
💡 Examples
- An elderly tenant living in a council flat designed with accessibility features for older residents might have their 'right to buy' application denied by the council, arguing the property is particularly suitable for an elderly person.
- A secure tenant of a council house receives a formal offer to buy their home, detailing the purchase price and estimated service charges they would pay as a homeowner.
- A couple applies to buy their council home, but the council denies their application, stating the property is specifically adapted for older occupants, leading the couple to challenge this decision at a tribunal.
📚 Legal basis
- Housing Act 1985
❓ Frequently asked questions
What happens if my council denies my 'right to buy' application?
If your council denies your application, you can challenge their decision by applying to the First-tier Tribunal Property Chamber (Residential Property). The Tribunal will assess whether the council's reasons for denial are legally valid.
Can a council refuse my 'right to buy' if I am an elderly tenant?
Not necessarily because you are elderly, but if the property itself is deemed particularly suitable for occupation by an elderly person and was let to someone aged 60 or more, the council might be able to deny the 'right to buy' under specific exceptions in the Housing Act 1985.
What is a Section 125 Notice in relation to 'right to buy'?
A Section 125 Notice is an offer from your council landlord under the Housing Act 1985, detailing the terms of the 'right to buy' sale. It includes information about the property, the price, and estimates for future costs like service charges and repairs.
Will I have to pay for repairs if I buy my council home?
Yes, as a homeowner, you will generally be responsible for paying for services, repairs, and improvements to your property and potentially to the block or estate. Your 'Right to Buy Offer' (Section 125 Notice) will provide estimates of these costs, especially for the initial years.
Where can I find the legal basis for the 'right to buy'?
The primary legal basis for the 'right to buy' in the UK is found in the Housing Act 1985, particularly Schedule 5, which outlines exceptions to the right.