Right to Buy: frequently asked questions
How do I buy my home?
Start by completing an application form (RTB1)
available by contacting the Property Sales section.
How do I know what the value of my
home is?
If your landlord has agreed to allow you to
buy your home you will receive notice of the price you will be
required to pay and the terms and conditions of the sale. If you
think your landlord has valued your home too highly, you have the
right under section 128 of the Housing Act 1985 to an independent
valuation from the District Valuer.
Do I have to pay for a
valuation?
No, your landlord will arrange for your home
to be valued.
Should I be paying full rent before I
can apply to buy my home?
No, if you are claiming housing benefit you
are still entitled to apply to buy your home.
Can I apply to buy my home if I am in
arrears with my rent?
Yes, the application can be processed, however
you will be expected to clear any arrears before completion of the
sale.
If you took up your current tenancy before 18
January 2005, you will be entitled to a discount on the market
value for your home. The amount of discount will depend on the
total number of years you have been a tenant of a Local Authority
or Housing Association. The total number of years includes past
tenancies and not just the number of years you have lived in your
present home. If your home is a house or bungalow you will qualify
for a discount of between 32% and 60% based on minimum tenancy of 2
years and maximum tenancy of 30 years. If your home is a flat or
maisonette you will qualify for a discount of between 44% and 70%
based on minimum tenancy of 2 years and maximum tenancy of 15
years.
If you have taken up a new tenancy from the 18
January 2005 and have none of the above highlighted criteria, then
you have to wait a minimum of 5 years before you can apply for the
right to buy.
If I have made improvements to my home
will it increase the value of the property?
When you apply to buy you will be asked what
if any improvements you have made to your home. This information
will be passed to the Valuer who will assess the value of the
property as if the improvements had not taken place.
Who is responsible for repairs and
maintenance to my home if I apply to purchase?
As soon as you apply to buy your home you will
not be entitled to routine repairs or improvements (except for work
required by law and to keep it weather-tight). Your home will be
excluded from any planned modernisation works such as new windows
etc.
If your home is a flat or maisonette it is
likely that you will buy your home on a long lease (usually 125
years). Your landlord will be responsible for repairing and
maintaining the external and communal areas of the building such as
roof and lift areas. However, as an owner of your flat or
maisonette you will be required to pay a service charge which will
cover a reasonable share of the costs incurred by the landlord.
Can I apply for a mortgage from the
council?
No, West Lancashire District Council does not
offer mortgage facilities.
How soon after I buy my home can I
sell it?
You are entitled to sell your home straight
away, but certain conditions apply.
If your Right to Buy application was made
before 18 January 2005 and you sell within three years, you will be
required to pay back one third of the discount. After three years
you can sell without paying back any discount to your landlord.
If your Right to Buy application was made
after 18 January 2005 and you want to sell your home within the
first ten years of owning it, you must write to the Council first
and find out if we want to buy the property back from you. If you
sell within five years you will incur a penalty. The amount you pay
back is determined on the price you sell it for, each year reduces
by one fifth.
What will happen to my home if I die
within 3 years of buying it?
If the property is sold, the same rules of
paying back the discount applies as above. However, family members
can take over the ownership of the property without paying back the
discount as long as the property is not sold to the family
members.
If the person who bought the property dies
within the three or five year period (depending on when you bought
the house - see above), the property can be left in a will to a
relative without having to pay the discount back, but if the person
who inherited then decided to sell and it was still within the 3 or
5 year period then they would have to pay the discount back.
Will the Council buy back my
home?
The Council has the right to first refusal. If
you purchased your home under the Right to Buy Scheme on or after
18th January 2005 and you wish to resell or dispose of it within 10
years, you will be required to offer it to either your former
landlord or another social landlord in your area at full market
value.
If your offer has not been accepted within 8
weeks you will be free to sell the property on the open market.
Can I buy my home in joint names with
my son/daughter/partner?
Any adult family member who has lived in the home for more than
12 months and has no other permanent address has the right to buy
the property jointly with the tenant. Family members who have not
lived in the property cannot have their name included on the sale,
however they are not prevented from assisting with private
financial arrangements.