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.
