Who has the Right to Buy?

You probably have the Right to Buy your home if:

• You have been a secure tenant for five years
• The house, flat or maisonette that you wish to buy is your only or main home.

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

You need a total of five years as a secure tenant. You can use past tenancies to make up these years.

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.

How long does the Right to Buy process take?

We will complete initial stages of the application within a fixed period. For further information refer to ‘Your Right to Buy Your Home’ and Quick Glance process.
Once we pass documents to Legal Services, timescales can be more difficult to estimate and depends on tenants’ individual circumstances.

Can I use other Right to Buy companies?

In the past, 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 them and feel free to talk to us before signing up to any deal.

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 the valuation of your home.  The valuation we carry out is not a structural survey.

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.

What is an Energy Performance Certificate?

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

We will send you a copy of your Energy Performance Certificate with your section 125 offer notice.

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

You are able to appeal against the Council’s valuation. You will need to write to the Right to Buy section within the time period specified in your Section 125 offer notice requesting a District Valuer’s Appeal.

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

If you receive your Revised District Valuer’s Section 128 Offer Price notice and do not agree with the valuation, you can request another District Valuer’s appeal. You must make this request in writing to the Right to Buy section within 28 days of receiving your District Valuer’s revised offer.

Your Homes Newcastle also has the right to disagree with the District Valuer’s appeal and can ask for a review of the District Valuer’s valuation.  The price the District Valuer puts on your home will be the final price. This can stay the same or be higher or lower. This price is the final offer which you must accept or withdraw.

Do I need to get a survey?

We strongly recommend that you organise a survey for your home. This can be either an RICS Home Buyers survey and valuation or a Building survey. You should read pages 24 and 25 of the Government booklet, ‘Your Right to Buy your home’.

Can I lose the Right to Buy?

You will not lose your Right to Buy unless you receive a possession order and the warrant is executed.

Will I have to pay the Right to Buy Service?

Your Homes Newcastle and Newcastle City Council do not charge for their services.

Be wary of any private companies that approach and charge for their service.
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.

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 maximum cash discount in the North East of England is £22,000.

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.

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.

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 year lease.  Newcastle City Council will still own your home and the land that you currently rent.

If you are a leaseholder we will charge you a yearly management fee and service charge, which may be thousands of pounds.

Can I withdraw my application if I no longer wish 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 Section at Your Homes Newcastle.

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 lose my housing benefit if I buy my home?

If you buy your home you will not get housing benefit. Even if you are on income support you will not get any help towards the cost of mortgage repayments. If you have been receiving income support for 13 weeks you may qualify for help but only towards the interest on the mortgage.

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 a Demolition Notice be served on my property whilst I have a current Right to Buy?

Yes.  A notice can be served whilst there is an existing claim to exercise the Right to Buy.  The Right to Buy does not apply if a ‘final demolition notice’ is in force.

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 tell us if you would like us to do this for you by contacting us on our freephone number 0800 0911 310 or by email: rtb@yhn.org.uk

Do you advise on money issues?

No, we cannot advise as we are not qualified financial advisors.  You can contact Money Matters on 0191 277 1050 who can advise you on debt problems.