Right to Buy frequently asked questions (FAQs)

Find the answers to your Right to Buy questions.

How do I know if I am eligible for the Right to Buy

Right to Buy allows most council tenants to buy their council home at a discount. You may qualify for the Right to Buy the home that you live in if you are a secure tenant and have held a public sector tenancy for a minimum of three years.

Use the eligibility checker on the Own Your Home website to find out if you can apply

How do I get a Right to Buy application form?

You can download the Right to Buy application form. 

Along with the application form, each applicant must complete:

and send them to righttobuy@lbbd.gov.uk. 

Can I buy with members of my family?

You can share the Right to Buy with up to three other qualifying family members if they live in the property and it is their only or principal home.

They need to have been living at the property for the twelve months immediately preceding the date of the application. (The 12-month requirement does not apply to spouses and civil partners) 

You must provide evidence of their residency for the qualifying period of 12 months.

Qualifying family members include a parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

We have a joint tenancy, but only one of us wants to buy. Can one tenant buy?

Yes, provided the tenant who does not want to buy gives their consent on and signs the Right to Buy application form in the appropriate place and provides copies of their passport for verification of their signature.

All tenants must sign the application form

Can other family members buy my home on my behalf?

Family members can give you the money to buy your home. However, they will not be included in any of the Right to Buy documentation unless they have been living with you as their main or principal home for 12 months immediately preceding the application.

At least one of the Right to Buy applicants mut be a secure tenant of the property

Will I have the Right to Buy the new property after a mutual exchange?

The right to buy rules will apply. You must be a secure tenant of the property you move into, and you must have spent a minimum of 3 years as a public sector tenant. Also, the property must also be suitable to be sold under the Right to Buy scheme.

You will not inherit the years of tenancy from the person you are exchanging with but all the years you have already spent, as a public sector tenant yourself, will count towards the qualifying period and your Right to Buy discount.

Will I have the Right to Buy if my property has adaptions to it

If you have medical requirements that require adaptions to your property to assist with you needs, then it may be excluded from the Right to Buy Scheme.  This should be clarified in your tenancy agreement but if you are unsure please contact your Landlord Services Officer who should be able to confirm this for you.  

Discounts

You can get a discount on the market value of your home when you buy it if you qualify for Right to Buy.

The discount is based on:

  • how long you’ve been a tenant with a public sector landlord
  • the type of property you’re buying - a flat or house
  • the value of your home

How much discount will I get?

• 3 – 5 years –

35% discount for a house and 50% discount for a flat

• 6 years or more –

For a house - 35% for the first 5 years, plus add 1% per year after this (up to 70% subject to the maximum discount – whichever is lower),

For a flat - 50% for the first 5 years, plus add 2% per year after this (up to 70% subject to the maximum discount – whichever is lower)

Use the Right to Buy calculator to find out how much discount you could get.

Do previous tenancies with other authorities and housing associations count towards my discount entitlement?

You can claim periods of time with other authorities, housing associations and registered social landlords including the armed forces. You will need to contact your former landlords and get confirmation of the start and end date of these tenancies and send us a copy.

You can email us at righttobuy@lbbd.gov.uk or post to us at: Sales and Leasing Team, London Borough of Barking and Dagenham Council, Town Hall Square, 1 Clock House, Barking, Essex, IG11 7LU

What is the maximum discount I can get?

The maximum discount usually increases in April every year, in line with inflation. The current maximum discount is £136,400

What is my property worth?

We are unable to provide you with the value of the property until we have received (and accepted) your application and instructed our independent surveyor to carry out the valuation. For a rough idea on the value, we recommend you contact a local estate agent or look online for comparable properties.

My landlord has spent money on my home, will this be taken into account

Your discount will be less if your landlord has spent money building or maintaining your home:

  • in the last 10 years - if your landlord built or acquired your home before 2 April 2012
  • in the last 15 years - if you’re buying your home through Preserved Right to Buy, or if your landlord acquired your home after 2 April 2012

You will not get any discount if your landlord has spent more money than your home is now worth.

Will I still be entitled to repairs to my home?

From the date of registration of your Right to Buy application, the Landlord will only carry out emergency or urgent works to the property, that is only repairs required by law.

These repairs are limited to repairing and maintaining the structure and exterior of the property, the landlord’s heating and hot water appliances, sanitary ware and pipes, and wires etc. within the property.

Generally, repairs outstanding or underway at completion of the sale will be cancelled.

Can I still apply to buy my home if I have rent arrears?

You can still apply to buy your home if you have rent arrears, but if your rent account is not clear on the day of completion, your sale will not complete

Will I need a deposit?

Many lenders will use the discount as a deposit; however, you should discuss this with a mortgage lender/broker to confirm

What can I do if I believe my home has been over-valued?

You have the right to have the value of your property determined by the District Valuer who is independent of the council.

If you wish to exercise this right, you must put your request to us in writing within 12 weeks of the date of your offer notice and we will pass your details to the District Valuer who will contact you directly.

The District Valuer’s determination of the value of your home, whether it is higher, lower or remaining the same, is binding on all parties. It usually takes a few months before you receive your revised offer notice.

Can I withdraw my application if I no longer wish to buy?

You may withdraw your application at any time up to the day of completion by writing to us or emailing us.

You can email us at righttobuy@lbbd.gov.uk or and post to us at: Sales and Leasing Team, London Borough of Barking and Dagenham Council, Town Hall Square, 1 Clock House, Barking, Essex, IG11 7LU.

Delays in processing Right to Buy Application

Your landlord must deal with your application within the timescales set out below.  If they don’t, you could get a further reduction on the sale price.

Once your landlord has received your completed application, they need to confirm whether you, any joint applicants, and your property are eligible. They will confirm this by sending you a Section 124 notice (RTB2). They have up to 4 weeks to do this, or 8 weeks if you have been with your current landlord for less than 3 years.

If your landlord has confirmed you are eligible, they then have to send you a formal offer letter (S125) within 8 weeks (for a freehold property) or 12 weeks (for a leasehold property)

Tip: Delays can get complicated, particularly if your landlord doesn’t agree that the delay is their fault. It’s a good idea to keep copies of everything, confirm proof of postage, such as using recorded or registered delivery, or if you deliver it in person get written confirmation from the person you gave it to. This will reduce the likelihood of any dispute over the dates on which forms were sent as you will have evidence.

Applying for a reduction because of a delay

If your landlord doesn’t meet the timescales set out above, or is delaying your application in any other way, you should:

1. Fill in an ‘Initial notice of delay’ form (RTB6) (Gov.uk) and send it to your landlord.

2. Your landlord must then either move the sale along within 1 month or send you a ‘counter notice’. The counter notice will say that they’ve already replied or explain why they can’t speed things up.

3. If you don’t get a response to your first notice within 1 month, you should complete an ‘Operative notice of delay’ form (RTB8) (Gov.uk) and send it to your landlord. Once you have sent that, your landlord may have to refund rent monies paid during the delay period – you must continue to pay rent. Any amount relevant to the delay period(s) will be deducted when the sale is completed. Payments in respect of council tax or service charges do not count as rent.

It’s usually quite rare that things would get to this stage. But if you are still having problems or disputes over delays, you could raise a complaint through your landlord’s formal complaints procedure or email the Department for Levelling Up, Housing and Communities (RTB@levellingup.gov.uk) for further advice. You may also want to contact the Citizens Advice Bureau for more information.

Delays – Notice to Complete

The Right to Buy process is designed to give you reasonable time to consider your options, get a mortgage etc. but there are some circumstances where the landlord can require you to respond within a set timescale. If you don’t meet your timescales, your landlord can cancel the application but they must send you warning notices before doing this. If you have had a notice to complete, don’t panic, you still have time to consider your options. However it’s important to keep your landlord informed about your progress.

Default Notice

Your landlord may send you a ‘Default Notice’ if you have not responded to them within 12 weeks of receiving your offer letter.  You will need to respond to this within 28 days.  They may cancel application if they do not hear from you. Where your landlord considers it reasonable, they may extend the 28 day default notice period. This could include if you have been in hospital for example. So it’s important to keep your landlord informed if you are still interested.

First Notice to Complete

Once you have accepted the offer, you will still have some time to finalise arrangements for mortgage etc. However if your landlord feels you are delaying, they may send you a notice to complete. This notice gives you a minimum of 56 days to complete the sale.

Final Notice to Complete

If you do not respond to the First Notice, your landlord may then serve a Final Notice to Complete. This allows for a further minimum of 56 days in which to complete the sale.   If you do not respond to your landlord by the expiry date of the Final Notice, your application can then be cancelled by your landlord. You can reapply for Right to Buy in the future, but would need to start again from the beginning.

Tip: Keep your landlord informed, particularly if you are having difficulties, such as having problems finding a mortgage, but are still interested in buying.

Be wary of companies who offer Right to Buy help

These companies often charge thousands of pounds and if their fees are added to your mortgage you will pay interest on them.

We do not make any kind of charge for processing your application.