CHANGES TO YOUR RIGHT TO BUY

The Housing Act 2004 made a number of changes to the Right to Buy Scheme. Some of these changes started on 18 January 2005. The Secretary of State will soon bring the other changes into force. The changes apply to all NEW tenants since the 18 January 2005.

Here is a summary of the main changes and how they affect you.

1. How long to I have to be a tenant before I can apply to buy my home?

If you are a new tenant you will have to wait five years before you can apply to buy your home.  After five years you will be entitled to a 35% discount on houses and 50% on flats.

2. Do I have to repay the discount if later sell my home?

If you agree to sell, or resell you home within five years the council can ask you to pay back some or all of the discount you received. The level of discount you have to repay will reduce by one fifth for each year completed since purchase.

In some exceptional circumstances the landlord may choose not to ask for the discount to be repaid.

3. Landlord buy back

If you resell your home within ten years your landlord can have first refusal.

4. Properties for older people

Your landlord may refuse to sell you your home on the grounds that it is particularly suitable for occupation by elderly people.  If this happens, and you disagree, you can ask for this to be reviewed by a Residential Property Tribunal.

5. Right to Buy and Anti-Social Behaviour

Your landlord can apply to the court to suspend your Right to Buy if you carry out or threaten to carry out anti-social behaviour – this includes using your home for unlawful purposes. If you are already in the process of buying your home you application can be suspended.

6. No Right to Buy

You cannot complete a Right to Buy sale if:

•  you have a suspension   order against you for   anti-social behaviour
•  a demotion order has   replaced your secure   tenancy with a     probationary tenancy –   or is about to do so
•  the court is in the    process of taking action  to evict you from your   home.

You can obtain more information about your Right to Buy from Jannice Brittain at the Housing Options Centre on Derby 01332 716494

The Office of the Deputy Prime Minister produces information booklets on the Right to Buy, these are available from all Local Housing Offices.