When can I apply to buy my home
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You can apply to buy your home if you are a secure tenant and the property is your only home.
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If your tenancy started before the 18 January 2005 you must have spent 2 years as a tenant in the public sector to have the right to buy
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If your tenancy started after 18 January 2005 you must have spent 5 years as a tenant in the public sector to have the right to buy
Can the Council refuse my Right to Buy application?
Yes, in some situations:-
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If a court has made a possession order which says that you must leave your home. This means that you have been taken to court because of a breach of your tenancy and the court order is still valid
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If you are an undischarged bankrupt, have a bankruptcy petition pending against you, or have made arrangements with creditors (people you owe money to) and you still owe them money.
Are all Council properties available to purchase?
Some properties are exempt from The Right to Buy. These include properties occupied in connection with a tenant's employment and housing specially provided for older people and (in certsain cases) people with disabilities.
How do I apply to buy my home from the Council?
You must fill in the application form RTB1. This gives the Council notice that you are claiming your right to buy.
Within 4 weeks the Council will send you a form (RTB2), which tells you if you have the Right to Buy. It will also tell you if you do not have the right to buy and why this decision has been made. If you do not agree with this explanation you may appeal against this decision.
If you have the Right to Buy we will send you an offer notice (Section 125). This tells you, amongst other things, the price you must pay, less discount and the terms and conditions of the sale. We will do this within 8 weeks of sending your RTB2 form if your home is a house. If your home is a maisonette or flat we will send this information within 12 weeks together with estimates of improvement costs which you may have to pay during the first 5 years and service charges which you must pay every year.
Before you decide to buy you should get an independent survey from a qualified surveyor as well as legal advice from a solicitor or a licensed conveyancer.
If you decide to go ahead with your right to buy you must inform the Council in writing, with the name and address of your solicitor within 12 weeks of receiving your offer notice. If you do not contact us during this time we will send you a reminder. If you do not reply within 28 days we will then cancel your application unless you apply for an extension.
If you need to arrange a mortgage you could talk to a bank or building society. Once the mortgage is agreed your solicitor will contact the Council to complete the purchase with the Council's legal department.
What else do I need to know?
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Discount from Right to Buy is limited to £22,000 in the North East;
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The Council is not allowed to sell your home to you for less than they have spent on building, repairing or maintaining it - this is called Cost Floor Rule;
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If the Council do not send you a decision regarding your Right to Buy application (RTB 2) or the Offer Notice (Section 125) within the required timescales you may be allowed a reduction in the purchase price;
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If you buy your home and then decide to sell within 5 years after the purchase date, you will be required to repay some of the discount you receivd;
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If you buy your home and then decide to sell within ten years you must offer your home back to the council.