Buying Your Council House in England: Rights and Process

Are you a council tenant in England wondering if you can turn your rented council house into your own home? The Right to Buy scheme offers eligible tenants in England the opportunity to purchase their council house, potentially at a discounted price. This guide will walk council tenants through the key steps, eligibility criteria, and forms involved, using clear and accessible language.

Understanding the Right to Buy Scheme

The Right to Buy scheme is a government initiative that allows most council tenants in England to buy their council home at a reduced price. This scheme aims to help long-term tenants achieve home ownership.

Who Can Apply?

• You must be a secure tenant of a local authority (council) or sometimes a housing association.
• You must have had a public sector landlord (like a council, housing association, NHS trust) for at least three years (these years do not have to be continuous).
• The property must be your only or main home.
• The property should not be due for demolition or subject to a court order for possession.

If you're unsure whether you are a 'secure tenant', you can check your tenancy agreement or consult your council.

The Process: How to Buy Your Council House

Buying your council house involves several official steps, forms, and a detailed timeline. It's important to know your rights and responsibilities throughout.

Key Steps

• Check your eligibility – review requirements on the official government page.
• Complete the application form (RTB1).
• Wait for your landlord's response (they have a statutory timeframe to reply).
• Receive an offer from your landlord setting out the price and terms.
• Decide whether to accept the offer – you do not have to proceed if you do not wish.
• Appoint a solicitor to help with the purchase and complete the legal process.

Essential Form: Application for Right to Buy (RTB1)

• Form name: Right to Buy: Application Form (RTB1)
• When to use: Use this form to formally apply to purchase your council property. For example, if you have lived in your council home for four years and wish to own it, complete the RTB1 form and send it to your landlord.
• Official source: Right to Buy application form (gov.uk)

What Happens After You Apply?

• Your landlord will confirm whether you have the Right to Buy, usually within 4 weeks (8 weeks if they've changed recently).
• If eligible, they send you an offer notice detailing the price, discount, property description, and terms of sale.
• You have at least 12 weeks to accept or decline. It’s advisable to get independent financial advice and consider costs like mortgage repayments, insurance, and future maintenance.

Your Legal Protections and Key Legislation

Your right to buy a council house is set out in the Housing Act 1985.^[1] The process is overseen and enforced by your local authority, and disputes may be taken to the First-tier Tribunal (Property Chamber – Residential Property).

If You Disagree with Your Landlord's Offer

If you think your property has been unfairly valued or the landlord delays, you can:

• Ask the District Valuer (appointed by HM Revenue & Customs) for a valuation.
• Challenge unreasonable delays by requesting a notice of delay using Form RTB6.

Form RTB6: Notice of Delay
Use this form if your landlord does not respond within the required timescales. For example, if over 8 weeks have passed and no offer has been received, submit RTB6 to your landlord to start the 'delay procedure,' which may reduce what you owe in rent.
Source: Notice of Delay (RTB6) form

Important Considerations for Renters

Buying a council house in England can be life-changing, but it's vital to look at the full picture. Homeowners become responsible for all maintenance and repairs once the purchase is complete. You may also become liable for service charges if your property is a flat.

• Discounts are significant but depend on how long you’ve been a tenant; check the latest thresholds on the government Right to Buy discounts page.
• Be wary of costs for repairs and structural issues after purchase.
• You will need a mortgage if you can’t purchase outright; speak to a financial adviser for guidance.

Seeking professional advice and reading all documents carefully before progressing is crucial.

Frequently Asked Questions (FAQ)

1. Can I buy my council house if I have rent arrears?
   Typically, you must clear any outstanding rent before you can complete a Right to Buy purchase, though you can still apply if arrears are being managed.
2. Can I apply if I've only lived in my council house for one year?
   No. You need to have at least three years of public sector tenancy before qualifying for Right to Buy.
3. What happens if the council rejects my application?
   If the council denies your Right to Buy application, they must explain why. You have the right to challenge their decision and, if needed, seek advice or escalate the matter to the First-tier Tribunal (Property Chamber – Residential Property).
4. Do Right to Buy discounts have to be repaid if I sell soon?
   Yes. If you sell your property within 5 years of buying it through Right to Buy, you may need to pay back some or all the discount.
5. Can family members apply with me?
   Yes. Up to three family members can join the application if the property is their main home and they've lived there for at least 12 months.

Need Help? Resources for Renters

• Official Right to Buy Information (gov.uk)
• Right to Buy Advice Line: 0300 123 0913
• First-tier Tribunal (Property Chamber – Residential Property)
• Shelter England – Housing advice and support
• Citizens Advice – Housing Help

1. Full text of the Housing Act 1985 (legislation.gov.uk)
2. Official court for disputes: First-tier Tribunal (Property Chamber – Residential Property)
3. RTB1: Right to Buy application form (gov.uk)
4. RTB6: Notice of Delay form (gov.uk)
5. Government Right to Buy discounts information

Key Takeaways:

• The Right to Buy scheme allows eligible council tenants in England to buy their homes, potentially with a discount.
• You must complete the required forms, ensure you're eligible, and be prepared for the responsibilities of home ownership.
• Support is available from government and advice charities—always check the latest guidance before making any decisions.