Who has the Right to Buy?
You may have the Right to Buy if you are a secure tenant and the property is your only home. The qualifying period is 2 years for tenancies that started before 18 January, 2005 and 5 years for those that started after that date.
You may be able to exercise the Right to Buy jointly with members of your family who have lived with you for the past 12 months or with someone who is a joint tenant with you. If your tenancy is in joint names, all tenants must indicate if they wish to purchase the property or not.
When can a Right to Buy application can be refused
Rent Arrears:
A council tenant can be served a Postponed Possession Order during their tenancy and still be eligible for the Right to Buy, but the terms of the order must not have been breached. The Right to Buy will not be granted when a tenant has been served an outright Possession Order.
Demolition
If your home is scheduled for possible demolition the Council may serve an Initial Demolition Notice which can suspend the Right to Buy for up to 5 years. If demolition is planned within 2 years the Council may serve a Final Demolition Notice which will end your Right to Buy.
Bankruptcy
If the applicant is an undischarged bankrupt, has a bankruptcy petition pending or has made arrangements with creditors and still owes money the applicant will be excluded from the Right to Buy
Anti-Social Behaviour
If a relevant injunction order, anti-social behaviour order (ASBO), possession order (granted on the grounds of anti-social behaviour) or a demotion order is in force or pending – against the tenant, or a person who resides with them
Elderly People
If the property was designed for occupation by physically disabled persons or is particularly suitable for occupation by elderly persons and was let for occupation by a person aged 60 years or more then the property may be excluded from the Right to Buy.
More information is available in the Denial of Right to Buy Leaflet|.