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Wednesday, 3 October 2023

Applying to buy your home through Right to Buy

If you want to buy your home through Right to Buy, you first need to apply to your landlord. Find out how to apply and what else you need to do.

Your Right to Buy application

If you want to buy your home through Right to Buy, first download the application form (RTB1) below, or get it from your landlord.

When you've completed the form, photocopy it and send it to your landlord. It's best to send it by recorded delivery, or deliver it by hand and ask for a receipt.

For more information on Right to Buy, download 'Your Right to Buy your home: summary' or contact your council, using the links below.

Your landlord’s reply to your Right to Buy application

Once your landlord has your application, they must tell you if you can buy your home through Right to Buy within:

  • four weeks of getting your application
  • eight weeks of getting your application if they’ve been your landlord for less than two years

If your landlord says no, they must say why. This may be because your home comes under the exceptions for Right to Buy. Use the link below to find out more about exceptions to Right to Buy.

You can only appeal against your landlord’s decision if your application has been turned down because your home is suitable for the elderly. You can’t appeal for any other reason. You should appeal to the Residential Property Tribunal Service.

Your Right to Buy offer notice

If your landlord agrees to sell your home to you, they will send you an offer, known as a ‘Section 125 notice’. You must get this within:

  • eight weeks if you're buying a house with a freehold
  • 12 weeks if you're buying a leasehold house, flat or maisonette

The Section 125 offer notice will tell you:

  • the price the landlord thinks you should pay for the property and how this has been worked out
  • your discount and how it has been worked out
  • a description of the property and any land included in the price
  • estimates of any ‘service charge’ (a yearly cost towards repairs and the upkeep of the building) for a flat or maisonette for the first five years
  • any known problems with the structure of your home, eg subsidence

You should contact your landlord if you disagree with any information in the Section 125 notice, eg how much your home is worth.

Property surveys and legal advice for Right to Buy

It’s a good idea to pay for a survey of your home before you decide to buy it. A survey can tell you if your property needs any work doing on it or if there are problems such as rot.

There are different kinds of survey, but they must all be done by a qualified surveyor. You can use the link below to get information on the types of survey available.

You will also need to get legal advice before you go ahead with buying your home (this is known as conveyancing). For instance, a solicitor can tell you if there are any issues in the terms of your sale.

Deciding to buy your home through Right to Buy

Once you receive your Section 125 offer notice, you have 12 weeks to let your landlord know that you still want to buy your home. Your landlord will send you a reminder if they don’t hear from you in this time.

You need to reply to this reminder within 28 days, otherwise your landlord can drop your application. You can ask for more time if you have a good reason for not replying, eg you were in hospital.

If you change your mind about buying your home, you can pull out of the sale and continue to rent your home.

Mortgages and completing your Right to Buy purchase

Once you are happy with your landlord’s terms, the next step is usually to borrow money through a mortgage so you can buy your home.

If you are on a low income, you may have a problem getting a mortgage. It is a good idea to get independent financial advice when buying any property.

You should try to complete the process of buying your home within three months of getting the offer notice from the landlord.

Contact your landlord if you know about anything that could delay the sale going through. Otherwise, they could send you a warning notice that gives you eight weeks to complete the purchase of your home.

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