Right to Buy - frequently asked questions


 

 

How long does the Right to Buy process take?

We will complete initial stages of the application within a fixed period.  Full details of the timescales are given the Government booklet – ‘Your Right to Buy your home’ –  you can download this at http://www.communities.gov.uk/publications/housing/yourright.

Once we pass documents to Legal Services, timescales can be more difficult to estimate and depends on tenants’ individual circumstances.

How long do I have to live in my property before I can buy?

If your secure tenancy started before 18 January 2005, or you were a public sector tenant before 18 January 2005 (and you have been a public sector tenant continuously since that time), you get the Right to Buy when you have been a public sector tenant for two years.

Anyone else does not get the Right to Buy until you have spent at least five years as a public sector tenant.

I am an introductory tenant.  Can I buy my home?

No.  Only secure tenants can buy their home.  You will automatically become a secure tenant after twelve months if there have been no

 

 problems with your tenancy and you have not broken any of your tenancy conditions.  You will have the Right to Buy your home, and then the above timescales apply.

I have a new tenancy.  Do I have the Right to Buy?

If you take up a new tenancy on or after the 18 January 2005 and you have no previous tenancies with any other public sector landlords, you will have to wait for five years before applying to buy your home.

What is the difference between freehold and leasehold?

If you live in a house your home is a freehold property.  This means that if you buy you will buy your home and the land that you currently rent.

If you live in a flat or maisonette your home is a leasehold property.  This means that if you buy your home we will sell you either a full 125 year lease or part of a 125 lease.  Newcastle City Council will still own your home and the land that you currently rent.

Can I buy with members of my family?

Yes.  Any member of your family who is a joint tenant can buy with you, as long as at least one of you lives in your home most of the time.  You can also share the Right to Buy with up to three other family members, as long as they have lived in the property twelve months before you apply to buy.

Can other family members buy my home on my behalf?

Family members can give you the money to buy your home.  But the purchase will be in your name (the tenant) only.  Family members who are providing the money, but do not live with you will not be included in any of the Right to Buy documentation.

Can I have my information in my own language?

Yes.  We can on request provide you with information on the Right to Buy or documents in your first language.  Please contact us if you would like us to do this for you.

 

How does the Council value my home? 

Our Property Services team will contact you by telephone to make a valuation appointment.  If Property Services are unable to contact you, we will write to you giving you three working days to contact Property Services to make a valuation appointment. All our valuers carry personal identification with them.

Once we receive your valuation report  and we have all the information we need we will send you your section 125 offer notice to you by post.

What type of valuation is it?

Newcastle’s Property Services team will carry out a visual inspection only to work out the value of your home.  The valuation we carry out is not a structural survey.

What is an Energy Performance Certificate?

An Energy Performance Certificate tells you how we rate your home in terms of energy efficiency.

 

As well as carrying out valuation of your home, we will also carry out an energy performance inspection to find out how energy efficient your home is.  This will help you to decide if you would like to buy your home.  We will send you a copy of your Energy Performance Certificate with your section 125 offer notice.

Will I have to pay for it?

Your Homes Newcastle and Newcastle City Council have become very concerned about the methods of some private companies operating in your area which offer assistance with the Right to Buy.  These companies do not represent Your Homes Newcastle or Newcastle City Council.

You are of course free to deal with such companies if you wish, but we have received a number of complaints from tenants about some of them, and feel we should bring this to your attention.

Tenants are normally contacted in person by door-to-door representatives from private companies offering to help them buy their Council homes.  They may offer a mortgage, legal services or an “all-in” package that may include improvements to your home after you buy.

By signing documents you have not read properly, you may be entering into a legal agreement in which you may have to pay the company thousands of pounds.

If you are approached by a person or company offering to help you buy your home, ask for identification, check out what’s in it for th

 

em and feel free to talk to us before signing up to any deal.

What if I am unable to keep the valuation appointment?

If you are unable to keep your valuation appointment, please contact the Property Services Department as soon as you can and they will make another appointment with you.

What if I do not agree with the Council’s valuation?

You are able to appeal against the Council’s valuation.  Full details on how to appeal to the District Valuer are given in your Section 125 Offer Price Notice on our website and in the Government booklet – ‘Your Right to Buy your home’ –  you can download this at http://www.communities.gov.uk/publications/housing/yourright.

 

How much discount am I allowed?

Your discount depends on the number of years you have been a Council tenant and upon the valuation of your home.  The Government changed the discount rules on the 11 February 1999 and the maximum cash discount in the North East of England is £22,000.  Full details of maximum discounts are set out in the Government booklet – ‘Your Right to Buy your home’ –  you can download this at

 

http://www.communities.gov.uk/publications/housing/yourright.

Do previous tenancies with other authorities and housing associations count towards my discount entitlement?

Yes.  You can claim periods of time with other authorities, housing associations and the armed forces.

Am I still entitled to repairs to my home?

While you have an active RTB application you are entitled to essential and emergency repairs only and we are obliged to keep your property wind and water tight.  We will not carry out works such as window replacement, modernisation, central heating replacement or any other major works to your home while you are in the process of buying.

If you decide you want to withdraw your application to buy we will notify your community housing office and other departments who deal with improvement works and repairs of your decision.

Will you carry out the Decent Homes work to my home?

If you have submitted a Right to Buy application and you are a potential leaseholder we will carry out external works to your home under the programme.  A proportion of the costs of these works may be taken into account when your property is valued, and be reflected in the overall cost you pay for your home.  If you buy your home before the works start, we may write to you confirming what costs you may be required to pay towards.

If you have submitted a Right to Buy application and you are a potential freeholder, we will not carry out external works to your home under the programme.  If you withdraw your Right to Buy after the project has started, it may not be possible to include your home in these works. Your home may need to be included in a later project as a one off.  If after improvement works are completed and you reapply for your Right to Buy the works may have changed the value of your property.

I currently have rent arrears; can I apply to buy my home?

Yes.  You can still apply to buy your home if you have rent arrears, but your rent account must be clear on the day of completion.  If your rent account is still in arrears on the purchase day then your sale will not complete.  Any other monies owing to the Council, such as council tax, must be clear on the purchase day.

Will I have to pay for a rent reference if I’m getting a mortgage?

 

Yes.  There is a £50 charge if you request a rent reference from Your Homes Newcastle.

Can I lose the Right to Buy?

Yes.  You cannot apply or continue with the Right to Buy if you have been served with a court order that gives a date when you must give up possession of your home.  If we serve an anti-social behaviour order on you we do not have to complete your purchase.

When can I sell my home?

You can sell your home at any time.  But if you sell within the discount repayment period of three or five years you will have to pay back some or all of the discount.

Right of first refusal

If you wish to resell or dispose of your property within ten years, you will be required to offer it to the Council or to another social landlord in your area at full market value.  The market value must be agreed between the parties or, if they are unable to agree, will be determined by the District Valuer. If your offer has not been accepted within eight weeks, you will be free to sell the property on the open market.

Will I have to pay a service charge after I buy my home?

Will I have to pay a service charge after I buy my home?

Yes, if you have bought a leasehold property.  From April 2009, your annual service charge bill is due in advance and you must pay it in full, unless there are mitigating circumstances.   In such cases, you will have to prove hardship by completing and submitting a form and undergo an income and expenditure analysis.

Freeholders will not receive a service charge bill.

Can I withdraw my application if I no longer with to buy?

Yes.  You can withdraw from the Right to Buy at any stage of the process, right up until the day of completion.  If you wish to withdraw from the purchase you must do this in writing to the Right to Buy Team at Your Homes Newcastle.

Customer Service Excellence