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The Right to Buy Process

 
Contact Us

Home Ownership Team
Gateshead Council
Civic Centre
Regent Street
Gateshead
NE8 1HH
Tel: 0191 433 3550
E-mail: rtb@gateshead.gov.uk|

Opening Hours:
Monday to Thursday: 9am - 5pm
(Except Friday: 9.00am - 4.35pm)

 

STEP 1 – APPLICATION

The first step is to get an application form ( RTB 1). You can get the RTB 1 form in the following ways:

  • Download a copy of the form from the right hand side of this page;
  • Request one by e-mailing rtb@gateshead.gov.uk with your name and address;
  • Collect a form from the Community Based Services Reception, First Floor at the Civic Centre;
  • Collect a form from your local housing office;
  • Telephone us on 0191 433 3550 and ask for an application to be sent to you.

If you require assistance in completing the application form or have any questions regarding the Right to Buy scheme, please contact a member of the Home Ownership Team.

Once you have completed the form you need to return it to the Council. A receipt will be issued to you by post. You should keep a copy of your application for your own records.

STEP 2 – ACKNOWLEDGEMENT OF RIGHT TO BUY APPLICATION

When we receive your application at the Council we must send you a notice (form RTB 2) advising you whether or not you have the Right to Buy, within 4 weeks (or 8 weeks if you have been a tenant with the Council for less than 5 years). If you do not qualify for the Right to Buy the RTB2 notice will advise you of the reason why, for reasons for denial of the Right to Buy See Who has the Right to Buy  |

STEP 3 – VALUATION AND OFFER NOTICE

If you do have the Right to Buy the Council will arrange for your property to be valued (as at the date you applied to buy your home). A representative from the Council will contact you to arrange an appointment for the valuer to visit and for a Domestic Energy Assessor to carry out an energy performance assessment| for your home. The Council will then send you an Offer Notice (Section 125 Notice) within 8 weeks (if you are buying a house) or 12 weeks (for a flat or maisonette) of the date we granted you the Right to Buy.

Your Offer Notice (Section 125) is an important document that you should read fully. It contains the following information:

  • A description of the property you are buying
  • The valuation of the property
  • The discount you will receive off the market value
  • How much you will have to pay
  • Details of any cost floor
  • Estimates of the service charges or improvement costs (if your property is a flat or maisonette)
  • Details of any structural defects (that the Council is aware of)
  • The terms and conditions of the sale

If you do not understand anything contained in your offer notice or wish to have anything explained further you should contact the Home Ownership Team who will be happy to assist you.

Pre Sale Interviews

You will be required to attend a Pre Sale Interview to discuss the next stages of the Right to Buy process, the conditions of sale you agree to abide by when you complete the purchase of your home and your rights and responsibilities as a home owner.

You will be issued with your offer of sale notice (section 125 notice) during the interview and a Home Ownership Advisor will explain the offer notice and site plan to you.  The interview will give you the opportunity to discuss any issues or questions you may have regarding your offer notice and the transition from being a council tenant to becoming a home owner.

We will also provide you with a copy of the Energy Performance Certificate| for your property during the pre sale interview.

If you require a same sex interview, an interpreter, documents in large print or you have any other special arrangements we will do our best to accommodate your needs if you let us know prior to your interview.

Right to request a Re-valuation

If you are unhappy with the valuation you can apply for an independent valuation from the District Valuer. You must notify the Home Ownership Team in writing, within 3 months of receiving your Offer Notice (Section 125) that you are requesting a re-determination of your valuation.   The Council will then notify the District Valuer and a further valuation will be carried out. Should the District Valuer change the councils valuation of your home both Gateshead Council and yourself have the right to appeal against this valuation. Following the outcome of any appeal lodged by the council or yourself any revised valuation is the final price.  An amended Offer Notice will be sent to you if the District Valuer changes the valuation. You must then tell the Council whether you wish to go ahead with the purchase within 12 weeks of receiving the amended Offer Notice.
 
If you have any other queries relating to your Offer Notice you should contact the Home Ownership Team|.

STEP 4 – DECISION TO BUY OR NOT

Before deciding whether to buy you should get an independent survey from a qualified surveyor and seek legal advice. If you decide to proceed you must inform the Home Ownership Team within 12 weeks of receiving your Offer Notice, telling them the name and address of your solicitor.
 
If you decide not to go ahead with the purchase you must also inform the Home Ownership Team in writing. If you don’t do this within 12 weeks we will send you a reminder. If you don’t reply to this reminder within 28 days your application will be cancelled.

STEP 5 – ARRANGING A MORTGAGE

If you need a mortgage, this is the time you should talk to a bank or building society or mortgage broker.

For mortgage advice visit the Council of Mortgage Lenders Mortgage Guides|.

We aim to make access to the Right to Buy as easy as possible for everyone. See Housing Options Mortgage Advice| which provides easy to understand mortgage advice and information for people in receipt of Income Support or disability benefits who want to buy their home.  

If you wish to purchase a property in compliance with Islamic law information on Home Purchase Plans is available from the Money Advice Service| Website.

As information is available to support other members of our communities we will add this to the website.

STEP 6 – COMPLETING THE PURCHASE

When you advise the Council that you want to go ahead with the Right to Buy your home, we will arrange for plans showing the boundaries of your property to be drawn up and prepare the legal documentation to be forwarded to your solicitor, who will contact you to arrange completion of the legal paperwork.
 
Your solicitor will arrange a date for you to complete the purchase with the Council. To avoid delays you must ensure that your rent account is clear of any outstanding debt prior to this date.
 
If the Council does not hear from you or your solicitor we will send you a notice asking you to complete the purchase within the next 56 days or to write to say if you disagree with the terms of the sale. If the completion does not take place we will send you a further notice asking you to complete within the next 56 days. If you do not reply to this second 56 day notice or the sale does not complete within this period your application will be cancelled.

Delay Procedure

If the Council fails to issue any of the above documents within the specified deadlines the applicant can serve an 'Initial Notice of Delay|' (form RTB 6 ). The Council must respond with a counter notice giving an explanation for the delay or issuing the relevant paperwork within 30 days.
 
If the Council does not send a counter notice within 30 days, the applicant can then send an 'operative notice of delay|’ (form RTB  8) which means the rent payable while the delay goes on will be taken off the purchase price of the property.
 
These forms are available to download on the right hand side of this page or by contact the Home Ownership Team.