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:
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Download a copy of the form from the right hand side of this page;
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Request one by e-mailing RTB@Gateshead.gov.uk with your name and address;
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Collect a form from the Community Based Services Reception, First Floor at the Civic Centre;
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Collect a form from your local housing office;
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Telephone us on 0191 433 2623 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, 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. 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 2 years). If you don’t have the Right to Buy the Council must tell you why. If the reason is one of the following you may ask a residential property tribunal |to decide whether the decision was correct, but you must do this within 56 days of your refusal:
The property :
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was first let before 1st January, 1990 and;
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is particularly suitable for occupation by elderly persons and;
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was let for occupation by a person aged 60 or more.
If you were denied the Right to Buy for any other reason then you do not have a right of appeal but can get further advice from the Citizens Advice Bureau or from your own Solicitor.
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). The valuer will contact you to arrange a convenient time to visit. The Council will then send you an Offer Notice (Section 125 Notice) within a certain time after you’ve received your RTB 2. This is within 8 weeks if you are buying a house or 12 weeks for a flat or maisonette.
Your Offer Notice (Section 125) is an important document and includes:
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A description of the property you are buying
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The valuation of the property
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The discount you will receive off the market value
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How much you will have to pay
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Details of any cost floor
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Estimates of the service charges or improvement costs (if your property is a flat or maisonette)
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Details of any structural defects (that the Council is aware of)
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The terms and conditions of the sale
STEP 4 – 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 tell the council, 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. An amended Offer Notice will be sent to you. You must then tell the Council whether you wish to go ahead with the purchase within 12 weeks of receiving the amended Offer Notice.
It is important to note that the District Valuer’s decision is final, even if the valuation is higher than the Councils.
If you have any other queries relating to your Offer Notice you should contact the Home Ownership Team.
STEP 5 – DECISION TO BUY OR NOT
Before deciding whether to buy you should get an independent survey from a qualified surveyor and legal advice. If you decide to proceed you must inform the Home Ownership Team within 3 months 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 inform the Home Ownership Team. If you don’t do this within 3 months they will send you a reminder. If you don’t reply to this within 28 days your application will be cancelled.
STEP 6 – ARRANGING A MORTGAGE
If you need a mortgage, this is the time you should talk to a bank or building society.
Click on this link for further mortgage advice CML Guide to Buying and Selling in England and Wales|
We aim to make access to the Right to Buy as easy as possible for everyone. The following link will take you directly to a website which provides mortgage information - Housing Options Mortgage Advice|. As information is available to support other members of our communities we will add this to the website.
STEP 7 – COMPLETING THE PURCHASE
When you advise the Council that you want to go ahead with the Right to Buy of your home, we will arrange for layout plans 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 they may send you a warning notice asking you to complete the purchase within the next 8 weeks or to write to say if you disagree with the terms of the sale. If the completion does not take place they may send you a further notice asking you to complete. If you do not reply your application will be cancelled.
STEP 8 – 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 form within 30 days.
If the Council does not send a counter notice within 30 days, you can then send an 'operative notice of delay|’ (form RTB 8) which means the rent you pay while the delay goes on will be taken off the price you have to pay for your home.
These forms are available to download on the right hand side of this page.
They are also available from the Department for Communities and Local Government at One North East, Stella House, Goldcrest Way, Newburn Riverside, Newcastle upon Tyne. NE15 5NX – Tel 0191 229 6200.