Frequently Asked Questions
Right To Buy
Can I buy my council house?
The scheme is open to most tenants who have a secure tenancy. (The majority of our tenants hold a secure
tenancy). If your secure tenancy was in existence before 18 January 2005, or you were a public sector
tenant (see Question 3 for definition) before 18th January 2005(you have been a public sector tenant
continuously since that time), you must be able to count at least 2 years as a public sector tenant before
you have the right to buy. For anyone else whose secure tenancy began after 18th January 2005, you do
not have the right to buy until you have spent at least 5 years as a public sector tenant.
The property you wish to purchase must be your only or principal home.
Are there any exceptions?
A council tenant can be served a Suspended Possession Order during their tenancy and still be
eligible for the Right to Buy but the terms of that order must not have been breached. I.e. should the
tenant breach the terms that the court has ordered such as to pay rent arrears at so much per week;
the Right to Buy will not arise. This is because if the order is breached you would no longer be a
secure tenant but would be classed as a "tolerated trespasser" and thereby lose your right to buy.
The tenant would then have to discharge or rescind that court order before completion. The Right
to Buy will not arise where a tenant has been served a "Fixed Date" Possession Order which says
you must leave your home on a certain date.
Neither can you buy your home if you are an undischarged bankrupt, have a bankruptcy petition
pending against you, or have made arrangements with creditors (people you owe money to) and
you still owe money.
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 Notice which will end the Right to Buy. Tenants would be kept fully
informed if this was ever contemplated.
A tenant's Right to Buy can be suspended or terminated if they (or their household or visitors)
engage in Anti-Social behaviour.
Sheltered Housing for the elderly and those with special physical and/or mental needs are
excluded.
The tenancies of employees who have to live in homes owned by their employers so that they can
be near their work.
Tenants granted tenancies under homeless legislation are excluded.
In addition to sheltered housing being excluded, the Council may refuse to let you buy on the
grounds that your home is particularly suitable for occupation by elderly people (paragraph 11 of
Schedule 5 to the Housing Act 1985 as amended). This exclusion mainly affects people who live in
one or two bedroom bungalows.
You do not have the Right to Buy your home:
If it is considered particularly suitable for occupation by elderly persons, taking into account its
location, size, design, heating system and other features, and
Was let to the tenant or a predecessor tenant (see below*) for occupation by a person who was
aged 60 or more, whether they were the tenant or not and
Frieda Hildebrandt, Home Ownership Officer, Housing
Mid Suffolk District Council, 131 High Street, Needham Market, Suffolk, IP6 8DL
Telephone 01449 724765, Email: Frieda.Hildebrandt@midsuffolk.gov.uk
Was first let (to you or someone else) before 1st January 1990.
* a 'predecessor tenant' means someone who was the tenant before you under the same tenancy (for
example a deceased husband or wife).
If you do not agree with the Council's decision, you have the right to appeal to a Residential Property
Tribunal and relevant information on the appeal procedure will be provided at the appropriate time.
What is a public sector tenant?
A public sector tenant is a tenant whose landlord is either a 'Right to Buy' landlord e.g. a local authority or
some housing associations (for a full list see page 35 of "Your Right to Buy your Home"); or one of the
public bodies listed under "Other public bodies' (see page 36 of booklet).
Can I buy my parents home?
No, the right to buy is only available to the tenant of the property.
My partner is a tenant and wants to buy; can I share in the purchase?
If your partner is your spouse i.e. you are married then the answer is yes. If you are not married but living
together as man and wife and it can be demonstrated that you have lived with your partner for at least
twelve months prior to the making of the application the answer is yes but no in other cases.
What if I'm a joint tenant and only one of us wants to buy?
If your tenancy is a joint tenancy (both names appear on your tenancy agreement) then both people must
apply to purchase the property. But if one tenant does not wish to purchase he/she must sign the form
consenting to the other tenant to purchase in their sole name. The tenant NOT purchasing should seek
their own independent legal advice, as they will be ending their tenancy and losing all associated rights.
How is the price worked out?
The value of the property is only determined once a tenant has been accepted into the Right to Buy
Scheme. A Valuer will value your property and inform us of the market value of your home disregarding
any improvements you may have made to the property. We will work out the discount you are entitled to.
(please see below). Deducting the discount from the market value will produce the purchase price.
If you have received a previous discount in respect of an earlier purchase that discount is set against
(reduces) the discount for the current application.
If the Council has, in the past 10 years spent a substantial sum on the property, the discount cannot reduce
the price below what has been spent on the building. Referred to as the 'cost floor price'. This may result in
the discount being limited or even no discount being granted. This is rarely the case and mostly will affect
properties if they are less than 10 years old when land acquisition and building costs will be included.
Frieda Hildebrandt, Home Ownership Officer, Housing
Mid Suffolk District Council, 131 High Street, Needham Market, Suffolk, IP6 8DL
Telephone 01449 724765, Email: Frieda.Hildebrandt@midsuffolk.gov.uk
What discount am I entitled to?
Under the new rules introduced on 2 April 2012, the maximum discount available for eligible tenants in Mid
Suffolk will rise from £34,000 to £75,000.
The level of discount will still depend on how long a tenant has been a public sector tenant.
For houses – 35% of the property’s value plus 1% for each year beyond the qualifying period* up to
a maximum of 60%.
For Flats – 50% plus 2% for each year beyond the qualifying period up to a maximum of 70%
*Tenants must have been a public sector tenant for 5 years before they qualify for the Right to Buy.
The new discount applies to all new applications for the Right to Buy and existing applications where the
purchase has not been completed. We will be looking at all current applications where an Offer Notice has
been issued and sending revised notices which will include the new discount. The new notices will be sent
after 2 April 2012.
What are the steps involved?
Step 1 - applying to buy
Start by asking your landlord for the Right to Buy information pack. This will include a booklet on the Right
to Buy scheme and a Right to Buy claim form. The application pack is free and there is no obligation. You
can either phone or pick up a pack from the Council Offices at Needham Market or we will post one to you.
Fill in the form carefully, it is used to decide
Whether you have the Right to Buy; and
How much discount you will get.
You will need to fill this form in and hand it to the Home Ownership Officer or post it to Mid Suffolk District
Council, Housing Services, 131 High Street, Needham Market, Ipswich, Suffolk, IP6 8DL. If you have any
queries regarding the Right to Buy scheme or need any help in filling in the application contact the Home
Ownership Officer on 01449 724765.
Step 2 - the Response Notice
We will send you a Response Notice (Form RTB2). This tells you whether or not you have the right to buy
your home. Normally this will be sent to you within four weeks of receiving your application. However, this
could take as long as eight weeks if you have not been a tenant of this Council for the full qualifying period.
This is to allow us time to confirm your tenancies with your previous landlord(s).
If we decide that you do not have the right to buy, we will tell you why. If you are not satisfied with our
decision, you can appeal. Details of how to do this will be sent with Form RTB2.
If we decide that you do have the right to buy, we will be asking our Valuer to contact you so that he may
visit your home to value your property.
Following receipt of his valuation report, we can work out the discount you may receive.
Frieda Hildebrandt, Home Ownership Officer, Housing
Mid Suffolk District Council, 131 High Street, Needham Market, Suffolk, IP6 8DL
Telephone 01449 724765, Email: Frieda.Hildebrandt@midsuffolk.gov.uk
Step 3 - the Section 125 Offer Notice
If we have informed you that you have the right to buy, we will send you the Section 125 Offer Notice within
a further eight weeks of you receiving Form RTB2.
The Section 125 Offer Notice is an important document and you should read it very carefully. It will tell you
5 main things:
It will describe the property which you have the right to buy
It will tell you the price we think you should pay for it
It will give estimates of the service charges for flats and the cost and liabilities that you may have for
any shared arrangements
It will describe any structural defects that we know exist
It will contain the terms and conditions that we think should be attached to the sale
If you think your landlord has valued your home too highly. You have the right to request an independent
valuation from the District Valuer. You must request this through your landlord and must do so within twelve
weeks of the date of the section 125 Offer Notice. If you have a survey done, you can send a copy of your
own surveyor's report to the District Valuer. The District Valuer does not work for Mid Suffolk District
Council; their decision is impartial and final even if it is higher than that of the landlord. Both you and the
Council are bound by their decision. You will either have to accept it or withdraw your application.
Step 4 - Getting a Survey
Before you buy your home we will tell you if it is one that is designated as "defective", under the Housing
Act 1985 and whether you could experience problems (because of the special way it was built). We will
also let you know of any structural defects that we are aware of in the Offer Notice.
When you apply for a mortgage, the bank or building society will have a survey done, but this is only to
value your home. It may not uncover any structural problems that may exist. For your own peace of mind, it
is recommended that you should arrange for an independent survey by a qualified surveyor.
Step 5 - Telling us what you want to do next
Once you receive the Offer Notice you will have to let us know of your decision within 12 weeks. Do this by
completing and returning the 'Notice of Intention' form, which accompanies your Offer Notice.
You will have the choice of
Buying your home outright for the full right to buy price, less any discount for which you are eligible.
Remember, you are still under no obligation to go through with the purchase, you can back out right
up to the completion of the sale or
Forget about buying, withdraw your application, and carry on paying rent.
If you fail to let us know we will send you a reminder. You must then write back in 28 days.
This is important because if you don't write back we will have to withdraw your application. This means if
you still want to buy your home you will have to start the process again.
If you do not intend to buy, it is still in your interest to let us know as soon as possible or you may miss out
on improvement works that may be planned for your home.
Step 6 - Getting legal advice and arranging a mortgage
Before deciding whether to buy, you should get legal advice, particularly if you have worries about the terms
Frieda Hildebrandt, Home Ownership Officer, Housing
Mid Suffolk District Council, 131 High Street, Needham Market, Suffolk, IP6 8DL
Telephone 01449 724765, Email: Frieda.Hildebrandt@midsuffolk.gov.uk
of the sale. It is important that you get your own advice on what you'll have to look after, and what you'll
have to pay once you've bought your home. If you don't know a solicitor or a licensed conveyancer, you
might ask your bank or building society. Your local library should also have a list of solicitors in your area.
You should always ask how much it will cost before you employ a solicitor or licensed conveyancer.
Please make sure you pass onto your lawyers all the formal documents we send you.
Take time to read our booklet "Thinking of buying your home?" and the Financial Services Authority (FSA)
information pack "Choosing a mortgage". Copies will be sent to you at the appropriate time. If you have
misplaced your copy please request further copies. They both contain useful information and advice and
may help you decide whether buying your home is the right choice for you.
Step 7 - completing your purchase
Once we receive notification from you that you intend to go ahead with the purchase, we will arrange for our
Surveyor to come out and survey your property. He will produce a conveyance plan which will show the
extent of your boundaries, any rights of way required by you or your neighbours, any shared facilities such
as vehicular accesses or footpaths etc.
Once this plan is checked, we will send you a copy for your information. If you feel the plan is wrong in any
way, please let your solicitor know.
The transfer documents will be drawn up and passed to your solicitor together with the plans for approval.
Once we have sent your solicitor the documents, it’s up to you and your solicitors to choose a date when
you want to complete.
Completing is when you have signed the transfer, or lease. This is the point of no return. It is the time that
you pay us for your home, and it becomes your property.
We hope the whole process from step 1 to step 7 will take no more than 6 months.
If you do not complete within 3 months of accepting the Offer, and we are not aware of any problems that
are holding up the sale, we may have to write to you, asking you to complete the purchase within eight
weeks. If you don't respond we will send you a Final Notice asking you to complete your purchase within a
further period of 56 days.
If you don't complete the purchase we will have to withdraw your application. This means that if you want to
buy your home you will have to start the process again.
After receiving details of the purchase price how long do I have to make up my mind?
You must respond to the Offer Notice within twelve weeks. If you do not, the Council will send you a
Section 125 Notice asking you to respond within 28 days. If we have not heard from you your application
will be withdrawn and you will have to start all over again. You are not committing yourself to the purchase
at this stage; you can withdraw right up to the time of completion.
Frieda Hildebrandt, Home Ownership Officer, Housing
Mid Suffolk District Council, 131 High Street, Needham Market, Suffolk, IP6 8DL
Telephone 01449 724765, Email: Frieda.Hildebrandt@midsuffolk.gov.uk
Can I apply to buy if I have rent arrears?
Yes, but the Council is not bound to complete the sale until your arrears are cleared in full. Also, if your
arrears are substantial, you may lose your secure tenancy and no longer have the Right to Buy if the
Council has obtained a suspended possession order against your property, as a result of your rent arrears,
and which you subsequently breach.
Once I apply to buy can I still use the free repairs service?
Only emergency repairs will be provided whilst your application is being processed. If you complete the
sale then you will be responsible for any repairs required to your property. In the event of your application
being withdrawn then you will be able to access the Council's normal repairs service. Notification of
withdrawal must be in writing.
Who values my home if I want to buy it?
The Council will do this. If you think that your property has been valued too highly, you have the right to an
independent valuation from the District Valuer. His decision is final and you must accept his valuation, even
if it is higher than that given by us.
If I have carried out my own improvements will these be included in the valuation?
Provided you detail your improvements on your right to buy application these will not be included in the
valuation.
Can my Right to Buy be affected by anti social behaviour?
Yes. If you, members of your household or visitors to your home are responsible for anti social behaviour
then your right to buy may be denied or suspended in certain circumstances.
What happens if I want to sell my property after I have bought it?
You may sell your home whenever you like. But please be aware of the following:
a) Repayment of discount
If you applied for the Right to Buy before 18 January 2005 and sell within 3 years of buying it, you will have
to repay some or all of the discount that you received. If you sell:
During the first year, all of the discount will have to be repaid;
During the second year, two thirds of the discount must be paid;
During the third year, one third of the discount must be repaid.
After three years, you can sell without repaying any discount.
If you apply for the Right to Buy on or after 18 January 2005, and sell within 5 years of buying it, you will
have to repay some or all of the discount.
During the first year, all of the discount will have to be repaid;
Frieda Hildebrandt, Home Ownership Officer, Housing
Mid Suffolk District Council, 131 High Street, Needham Market, Suffolk, IP6 8DL
Telephone 01449 724765, Email: Frieda.Hildebrandt@midsuffolk.gov.uk
During the second year, four fifths must be repaid;
During the third year, three fifths must be repaid;
During the fourth year, two fifths must be repaid;
During the fifth year, one fifth must be repaid.
The repayment of discount will be based on a percentage of the open market value of your property when it
is resold within the five years of purchase. The percentage to be applied will be indicated in the Offer
Notice. An amount attributable to improvements carried out by you between the date of purchase and the
time of sale will be deducted subject to agreement. It is therefore in your interests to keep a record of any
improvements that you carry out to your home.
b) Right of first refusal
This only applies if you applied to buy your home under the Right to Buy scheme on or after 10 August
2005.
If you wish to resell or dispose of your property within 10 years of purchasing it, you will be required to offer
it back to your former landlord (MSDC) in the first instance at full market value. We will have the option of
either accepting the offer ourselves, nominating another Registered Social Landlord (RSL) to accept the
offer or to decline the offer outright. The market value must be agreed between ourselves ( or the
nominated RSL) or, if we are unable to agree, the market value will be determined by the District Valuer.
Regulations setting out the exact details of how the right of first refusal will work are now in force and a
leaflet explaining the procedure is available upon request. Alternatively, you may wish to view the leaflet
Online.
c) Deferred resale agreement
If a right to buy owner enters into an agreement before the end of the discount repayment period under
which the owner is required to sell the property at the end of that period, then a disposal of the property will
be deemed to have taken place as at the date of the agreement and could trigger repayment of the
discount. Furthermore, if a tenant enters into such an agreement prior to exercising the right to buy, then
the obligation to repay the discount will take effect immediately after the right to buy has been exercised.
If I buy my council house and sell it at a later date, would I qualify for council housing?
No. If you purchase a council property and then sell it you will have made yourself voluntarily homeless
and the Council will not be under any obligation to re-house you.
What is a leaseholder?
If you buy your house you will usually buy the freehold. This means you will be the outright owner. If you
buy a flat, you will become a leaseholder. Normally, this means that you will be responsible for the interior
of your home whilst your landlord will be responsible for looking after the structure and the exterior of the
block. You will be asked to pay for major repairs and improvement works through service charges. These
can be high - sometimes as much as several hundred pounds a year. You will also have to pay a ground
rent of £10 per year.
How would I check on the progress of my application?
You can check on the progress of your application by telephoning us (contact details are below). We will be
pleased to keep you informed. In the unlikely event that the Council do not send you Form RTB2 (the
Frieda Hildebrandt, Home Ownership Officer, Housing
Mid Suffolk District Council, 131 High Street, Needham Market, Suffolk, IP6 8DL
Telephone 01449 724765, Email: Frieda.Hildebrandt@midsuffolk.gov.uk
notice telling you if you have the right to buy) or the Section 125 Offer Notice within the time spans
mentioned in steps 2 and 3 above, and you have not received a valid reason for the delay you can ask the
Council for Form RTB6 Initial Notice of Delay to speed up the process. It is hoped that a simple phone call
will put your mind at rest.
Does the council retain the title deeds once a property has been purchased?
Where a property has been sold under the Right to Buy, the Council does not retain the title deeds. If you
have bought your property with a mortgage or loan, your lender will retain the deeds. If you hold the deeds
to your property yourself, you should ensure they are kept in a secure place.
Who is responsible for the maintenance of certain areas under the leasehold service?
The Council is responsible for the maintenance of certain areas of estates, under the leasehold service.
These include:
Communal areas - communal staircases or corridors, lifts, communal gardens and pathways.
Structural and exterior repairs - foundations to the building, external walls, roof, window frames,
exterior doors and frames, service pipes and ducts.
The leaseholder will contribute a share of the costs incurred for this work. Leaseholders should contact one
of the Housing Officers regarding any problems on the estate or in the block.
Guidance Notes:
The (lease) agreement between Mid Suffolk District Council and the leaseholder sets out the contractual
obligations of the two parties. In other words, what the leaseholder has contracted to do and what the
landlord (Mid Suffolk District Council) is bound to do.
Mid Suffolk District Council is not responsible for:
The floor surface including floorboards within the dwelling;
Wall plaster and plasterboards;
Ceiling plaster and plasterboards;
Glass to window within the dwelling
Internal non-structural walls;
Plumbing and wiring within the dwelling.
What if my home is scheduled to be demolished?
If the Council intends to demolish your home, we may serve an initial demolition notice, valid for up to five
years. This will suspend the our obligation to complete the sale in respect of any Right to Buy application
made prior to the serving of the notice; and remove the need to complete any subsequent application. If
the Council then serves a final demolition notice; any existing Right to Buy applications are ended and no
new applications can be made. A final demolition notice is valid for two years, and can be extended on
application to the Secretary of State.
Frieda Hildebrandt, Home Ownership Officer, Housing
Mid Suffolk District Council, 131 High Street, Needham Market, Suffolk, IP6 8DL
Telephone 01449 724765, Email: Frieda.Hildebrandt@midsuffolk.gov.uk
If you have made a valid claim to exercise the Right to Buy either before an initial or final demolition notice
is served, you will have three months in which to claim compensation for expenditure connected with the
conveyance process e.g. Legal or survey fees. If the Council subsequently decides not to demolish the
property then a revocation notice must be served on you as soon as possible.
For a leaflet on "Demolition Notices: Suspension of the Right to Buy" please contact Frieda Hildebrandt,
Home Ownership Officer on 01449 724765, or alternatively you may view the Current Demolition Notices
on our website.
Frieda Hildebrandt, Home Ownership Officer, Housing
Mid Suffolk District Council, 131 High Street, Needham Market, Suffolk, IP6 8DL
Telephone 01449 724765, Email: Frieda.Hildebrandt@midsuffolk.gov.uk