Buying your home For Tenants This leaflet explains how to buy your home under the right to buy scheme. It also tells you about some of the costs of buying your home and becoming a home owner. Buying your home Buying your home is probably the biggest financial decision you will ever make. This booklet tells you more about the Right to Buy scheme and will help you decide whether becoming a homeowner is the right choice for you. The Department of Communities and Local Government website also has several publications about buying your home that you may find helpful. Department of Communities and Local Government www.communities.gov.uk Search for “Thinking of buying a Council fl at” and “Your Right to Buy your home” The Right to Buy scheme gives eligible secure tenants the opportunity to buy their current home at a price lower than the full market value. If your home is managed by Tower Hamlets Homes and you are a secure tenant, you have the Right to Buy if you meet certain criteria. The Right to Buy scheme To be eligible for the Right to Buy Scheme you must meet all of the following criteria: 1. Be over 18 years old. 2. Be a secure tenant. Most tenancies are secure, but some are not – for example introductory tenancies or licence agreements. You can check what type of tenancy you have by contacting us. 3. Have spent at least five years as a public sector tenant. Previous tenancies can count towards the five years required. The five years do not necessarily have to be in one continuous period. There are many types of public sector tenancies, including Council housing, Housing Association and Armed Forces accommodation. A full list of public sector landlords is included on the Right to Buy application form if you are unsure you can also ask our staff for advice. 4. The property must be your only and principal home. If you are joint tenants then only one of you has to meet this requirement. 5. You must NOT have a Court Order against you because of rent arrears or other reasons, be an undischarged bankrupt, or have a bankruptcy petition pending against you. Sharing the Right to Buy with your family If your family live with you and have been living in your home for at least a year before you submit your application they may be able to share the Right to Buy. Up to four people may take part in the purchase, as long as at least one of them is a tenant of the property. Homes not eligible for Right to Buy scheme Who has the Right to Buy? There are certain types of property that cannot be sold under the Right to Buy scheme, even if you are a secure tenant: —Sheltered housing for the elderly, physically disabled, mentally ill or disabled. —Certain housing, which is particularly suitable for the elderly due to its location, size, design, heating and other specific features. —Homes due to be demolished. How to apply for your Right to Buy If you think you are eligible and are interested in buying your home get in touch with us. We will tell you about the steps involved in the Right to Buy process and send you a RTB1 application form. If you need any help or advice at any point in the process, please get in touch with us – we’re here to help. Step 1 Submit your RTB1 (Right to Buy application form) The form is an important legal document so we advise you to send it by recorded delivery and obtain a receipt from us. Please note that proof of posting is not proof of delivery. Step 2 Assessing your application and RTB2 Notice We will assess your application and tell you if you have the Right to Buy on what is called an RTB2 Notice. This will happen within 4 weeks. Step 3 Valuing your home We will arrange to value your home and calculate the price you have to pay after discount. The valuation takes into account the cost of possible future works. Page 9 tells you more about how we calculate how much you pay. Step 4 Section 125 – Offer Notice We will send you a Section 125 Notice within 12 weeks of the RTB2 being issued (or 8 weeks if you are buying a Freehold house). The Section 125 Notice gives you the price, plus all the terms and conditions and other relevant information such as the likely cost of future service charges and improvement contributions that you will be expected to pay if you become a Leaseholder. Step 5 Responding to the offer You have 12 weeks to respond to the Section 125 Offer. You can then decide to accept the Offer, appeal against the price or withdraw from the Right to Buy process. This is an important decision, so if you would like help to understand all the information in the Section 125 Offer get in touch with us and we’ll get a member of our Leaseholder team to meet with you. Before deciding to buy it is a good idea to get your own independent survey carried out. This will tell you if there are any problems with the structure of your home. Your mortgage company can often arrange this for you, for a fee. They may call the survey a “Homebuyer’s Report”. Whatever you decide to do, you need to tell us in writing. We’ll send you a simple form that you can use for this purpose. If we do not hear from you within 12 weeks then you will normally be given an extra period of 28 days. If you have still not responded after that time we will close your application. If you decide to withdraw then you can re-apply at a later date, but be aware that the Right to Buy rules may change in the future. Step 6 Arranging to pay for your home - Getting a mortgage For most people, once you have decided that you want to buy your home you will need to obtain a mortgage. It is best to ask a few banks, building societies or other lenders about the mortgages they can offer you. You can also get suggestions about a number of lenders from an Independent Financial Advisor. It can be hard to get a mortgage on properties in certain types of blocks or estates. If you find yourself in this situation then remember that potential buyers may also have the same problem if you later try to sell your home on the open market. It can be difficult to get a mortgage if you have no income other than benefit payments or a poor credit rating. There are some mortgage lenders who will accept people with poor credit ratings but these companies often apply much higher interest rates. Tower Hamlets Homes does not offer mortgages and we cannot recommend lenders to you. A note about unlicensed money lenders (“loan sharks”) A loan shark is an unlicensed money lender. Loan sharks often target housing estates as they hope to find people who are vulnerable, on low incomes or in financial trouble, and who may be tempted to borrow cash from them. Loan sharks target both tenants and leaseholders. If you borrow from a loan shark you will pay extortionate interest rates (over 800% in some cases), may have no paperwork, and find you have no way out even when you have paid what you owe. You may find you don’t know what you owe, and that charges are added for no reason even though you are paying every week. The loan shark wants control of you. Some people have had their bank card, benefits card, passport or other primary identification taken away as security, and been threatened with violence if they cannot pay. Borrowing money from a loan shark is not illegal, but if you have we do urge you to contact the Illegal Money Lending Team or Tower Hamlets Trading Standards. There is immediate support to deal with your situation and the loan shark. Visit the Directgov website for more information. Illegal Money Lending Team Phone 0300 555 2222 Tower Hamlets Trading standards Phone 020 7364 6886 Directgov Website www.direct.gov.uk/stoploansharks Step 7 Pre-sale interview Before we instruct solicitors to proceed with selling your property, we invite you to come in and meet with one of our Sales and Acquisitions Advisors. The Sales and Acquisitions Advisors explain in detail what your rights and responsibilities as a home owner will be when you have bought your property, and to go over the likely costs of owning your home. You do not have to come for the interview if you do not want to, but we do ask you to read all the material we provide very carefully and complete the checklist to ensure that you understand both the immediate cost of the purchase and the ongoing costs of being a homeowner. Step 8 Conveyancing You then need to appoint a solicitor to help you with the final stages of the purchase, known as “conveyancing”. You will have to pay a fee to the solicitor for doing this work. You should therefore shop around to compare solicitors’ fees, and include these in your budgeting. We will send the details of your Right to Buy application to our solicitors and a date will be arranged for completion of your purchase. Sometimes basic legal services can be arranged through your mortgage lender so it is worth asking if this is possible before deciding to pay for a separate solicitor. You should ask your solicitor to explain the lease to you. It is important that you understand what your rights and obligations as a leaseholder will be before you sign it. Step 9 Completion On the day of completion you will stop being a tenant and become a Leaseholder or Freeholder. However, completion will be delayed if you still owe things such as rent or court costs. If you have over-paid your rent when completion takes place then you will be refunded. Right to Buy companies – a warning Sometimes tenants are approached by companies offering to help them buy their home, by completing Right to Buy forms, negotiating with us, and so on. These companies often charge fees for services that we offer for free. For example, we will help you complete a Right to Buy form and help you through all the stages of buying your home. Only Tower Hamlets Homes can grant you Right to Buy and process your application. We do this for free. Always contact us for advice and assistance in the first instance on any Right to Buy matters. More information about right to buy companies is available in the “Right to Buy Your Home” booklet published on the Department of Communities and Local Government. Department of Communities and Local Government Website www.communities.gov.uk Deferred sale arrangements Sometimes companies approach tenants offering a deal where they pay for the tenant to buy their home, and then buy the property from the tenant. This is not illegal, but sometimes the tenant may not be given enough money to buy another property and may be made homeless. If you make an agreement to sell your flat in the future, before you have completed your Right to Buy, you will be liable to repay the whole Right to Buy discount and not just the amount left when you sell your property. Do not agree to sign a contract with a company before talking to us. How the price is calculated To work out how much you will pay we work out the value of your home and then subtract your right to buy discount. Working out the market value of your home A valuer will visit you to assess the value of your home. The valuer will take any anticipated future service charges or improvement contributions into account when calculating the price. They will not take into account any improvements you have made or any failure on your part to keep your home in good repair. Your Right to Buy discount The discount is based on how long you have been a public sector tenant. The maximum discount available in London is restricted to £16,000. This is the most that anyone can have, no matter how long they have been a tenant. Almost every eligible purchaser in Tower Hamlets will get the £16,000 maximum. If you have previously purchased a home under the Right to Buy scheme, then the amount of discount you got at that time will usually be subtracted from your discount this time around. Appealing the value of your home If you feel the valuation of your home is too high, you have the right to appeal to the independent District Valuer (DV). You have to do this within three months of the Section 125 being issued to you. The District Valuer will carry out a new inspection of your home and make a decision on its value. This new value replaces our original value, whether it is higher, lower or the same. We will send you the new value in a Section 128 Notice, which replaces the original Section 125 Offer Notice. In certain limited circumstances it is also possible for the District Valuer to review their valuation Delays in the process by Tower Hamlets Homes The Right to Buy scheme is governed by time limits which we are required by law to observe. If we do not send you the RTB2 Notice within 4 weeks or Section 125 Notice within 12 weeks, or if you feel that we are delaying your purchase in some other way, you have the right to serve Notice of Delay on us. You can get further advice and copies of Delay Notices from the Right to Buy team or the Department of Communities & Local Government. Department of Communities and Local Government Website www.communities.gov.uk Delays in the process by you You need to respond to the Offer Notice within 12 weeks or your application could be withdrawn. Once you accept the Offer you need to make progress towards completing your purchase. If you do not complete your purchase within three months of the date shown on your Offer Notice we will send you a warning notice. This is the First Notice to Complete and gives you eight weeks to either complete your purchase or address any issues that are preventing you from completing. If you do not respond to this Notice then a second and final one may be sent. The second Notice will require you to complete within eight weeks or the application will be withdrawn. Suspending your Right to Buy application Your Right to Buy can be suspended or ended if you, your family or visitors to your home carry out anti-social behaviour. You may also lose the Right to Buy if we obtain a Court Order against you because of rent arrears or other reasons. Rent payments While your Right to Buy application is in progress you must continue to pay your rent regularly. You will not be able to complete your purchase if you owe rent or other amounts, such as court costs or Housing Benefit overpayments. If you pay by Direct Debit or Standing Order then remember to cancel the instruction at your bank. If you cancel before you complete your purchase then you may need to make a final manual payment. Selling your home If you sell your home within 5 years of buying it you will have to repay some or all of your discount. The amount you will have to pay is calculated in a way that takes into account any increase in the value of your home since you bought it. If you wish to sell your home within the first 10 years you must offer it back to us first. However at this time we do not have a policy of buying back homes, except where this is necessary for estate regeneration or where we have a need for a certain type of property. The costs of buying your home Buying your home is probably the biggest financial decision you will ever make. Take time to consider whether it is the right choice for you. Below are some of the common costs of buying a home. Legal fees You will need a solicitor to look after the legal side of buying your home. Your mortgage lender may recommend a solicitor. Alternatively your library or Citizens’ Advice Bureau should have a list of local solicitors. Stamp Duty Is a Government tax levied on the purchase of property. At the time of writing (July 2010), certain designated areas of the country – including all of Tower Hamlets – are exempt from Stamp Duty for properties costing up to £150,000. You should check carefully the position on Stamp Duty with your solicitor before deciding whether to buy, as regulations may change. Survey fees We recommend that you have a survey of your home carried out by a qualified structural surveyor so that you are aware of any defects to your home. They should be a member of the Royal Institution of Chartered Surveyors (RICS). You may find that your mortgage lender can arrange for its own valuer to carry out the survey, which may save you money. Mortgage arrangement Unless you are going to buy your home with cash, you will need a mortgage. Your bank, building society or independent financial adviser can tell you about the various types of mortgage available to you. If you take out a mortgage loan you may have to pay the lender for the cost of arranging it. You may also have to pay a fee for their valuer to survey your home. Deposit Most mortgage lenders will expect you to pay a certain percentage of the property value up front, as a deposit. The costs of home ownership If you exercise the Right to Buy you will become responsible for the cost of maintaining your home, which may involve major repairs. If you become a Leaseholder you will have to pay service charges each year and contribute to the cost of major repairs and improvements throughout your block and estate. Freeholders living in a neighbourhood managed by Tower Hamlets Homes will have to pay some service charges too. Benefits and financial help As a tenant you may have been able to claim Housing Benefit, but as a homeowner you will not. If you are elderly and buy your home through the Right to Buy, its value may be taken into account when assessing whether you can have financial help with costs of residential care at a later time. Mortgage costs You will have to repay the mortgage, plus interest, by instalments (usually monthly). If you cannot keep up your mortgage repayments the lender may go to court and ask to take over (repossess) your home. If you have trouble paying your mortgage you should talk to your lender as soon as possible. Service charges Service charges are worked out so that everyone pays a fair share of the cost of providing services to your home and neighbourhood. Service charges vary depending on the services we provide to your home and block and the terms of your lease. Your lease will also tell you how your share of these charges is calculated. Leaseholders (and some Freeholders) will have to pay ground rent and service charges towards the upkeep of the block and estate their property is situated in. Ground rent is £10.00 per year and does not change. Service charges, however, can go up or down. They may be several hundred pounds and possibly much more if major works, repairs or improvements are carried out. If you become a Leaseholder and don’t pay your ground rent and/or service charges the Council may seek repossession of your home. It is very important that you don’t let this happen. Council Tax, water charges and other utilities As a homeowner you will need to pay water charges and Council Tax. You will also need to consider how much you’ll regularly need to pay for sewerage, gas, electricity and other utility services provided to your home. Insurance You will need to take out insurance for your home. Always shop around for the best insurance to suit your needs. Building insurance This is needed to cover the cost of rebuilding your home if it were to be destroyed by fire or some other incident. If you are buying a Freehold property you need to arrange this cover yourself. If you are buying a Leasehold property, the Council arrange the insurance and you contribute towards it in your service charges. Contents insurance You should adequately insure the contents of your home against theft and other risks. Mortgage protection insurance You need to consider how you would meet your mortgage payments if you lost your income, say through unemployment or ill-health. Mortgage protection insurance can give you some security against these risks. Repairs and maintenance If your home is a house you will be responsible for the cost of all repairs and maintenance, regardless of the condition it was in when you bought it. Costs of major works Major works are usually large ‘one-off’ projects designed to prolong and improve the life of your building. Examples of major works include the replacement of old windows, a leaking roof or a broken lift. Unlike minor repairs, major works are not covered in your annual service charge. We try to set out all the major works we are doing to our blocks and estates in our 5 year plan so that leaseholders can prepare themselves for the works in advance. Your Offer Notice will include an estimate of the costs of major works planned for your block. In the first five years after you buy your property we will only charge you the costs of the major works included in your Offer Notice, plus an inflation allowance. However, after the five year period ends you will pay your share of all major works carried out to your block. You can pay for major works up front, or by instalments of 12, 24 or 36 months depending on the size of the bill. If you cannot afford to pay up front or by instalments you may have to borrow money or extend your mortgage to pay for the works. Can you afford to buy? If you buy your home it is very important that you are able to afford your mortgage payments, bills and essential day-to-day living expenses. You will also need to have enough money up-front to cover the deposit and other one-off costs associated with buying. The table below will help you work out if you can afford to buy your home. 1. What you earn Income Salary / wages (After tax etc), benefits, tax credits, pension Other income Total earnings (A) Monthly 2. What you’d spend Expenses Mortgage Other loans Council Tax, TV licence, service charges, internal repairs Contents insurance Mortgage protection insurance Other insurance (pets, electrical appliances, boilers) Food, cleaning products Clothing Public transport fares Gas Electricity Water, sewerage Phone, TV, internet Dentist, optician, prescriptions School dinners, uniform, clubs, activities, school trips Childcare, nursery Dining out, theatre, cinema, hobbies, sport Total other expenses Total expenditure (B) Monthly 3. Your net position Totals Monthly Total earnings (A) Total expenditure (B) Net position (A minus B) A negative net position indicates that it is unlikely you can afford to be a homeowner at this time 4. Your savings after purchase One-off costs (due before Amount completion) Mortgage deposit Legal fees Mortgage arrangement fee Valuation fee Survey/homebuyer’s report Land Registry fee Stamp Duty Other costs Total one-off costs (D) Your savings Amount Total savings (C) Savings remaining after purchase (C minus D) Want to know more? Here’s how to find out more about the services we provide and what we can offer you. Talk to your housing advisers They can answer most of your questions or put you in touch with people who can. Pick up our range of leaflets and publications They give you more information on all of our services. You can find these in our reception areas, on our website or by contacting a housing adviser. Read our service standards They set out what we do so you know what to expect. We have a service standard for each of the services we provide. These are available on our website and in our offices, or you can ask a member of staff for more information. Visit our website You can find lots of information about what we do, how we are performing, and our latest news and information. Also available online are our leaflets and publications as well as local information such as neighbourhood inspection timetables. Check out your newsletters They contain news and information about our service and are delivered straight to your door. Look at your local noticeboard It has information about your Neighbourhood Housing Team, neighbourhood inspection timetables and useful information for where you live. If you need help, here’s how to get in touch with us Contact us Website www.towerhamletshomes.org.uk Find answers to your questions, learn about our services, find out what we can do for you and view all of our leaflets. Phone 020 7364 5015 Text-phone Call us with the help of BT Text Relay 18001 020 7364 5015 Email For general enquiries contactus@towerhamletshomes.org.uk For rents rents@towerhamletshomes.org.uk Write to us PO Box 66355 London E14 1GU Repairs Helpline For when you need to report a repair or ask us about the progress of a repair that has been already reported. Someone is available 24 hours, every day. Phone 0800 376 1637 (free from landlines) or 020 7364 7070 Bengali/Sylheti call between 9am and 5pm on 0800 376 1638 free from landlines or 020 7364 5151 Email repairs@towerhamletshomes.org.uk (not for emergency repairs) Anti-social behaviour For when you need help or advice on anti-social behaviour Phone 0800 917 5918 (free from landlines) Your local Housing Office 1 Rushmead Bethnal Green London, E2 6NE Open ——9am to 5pm Monday to Friday (except the last Wednesday of every month 10am to 5pm) ——9am to 1pm Saturday ——Closed Bank Holidays Access Wheelchair access, hearing loop in reception area Cheviot House 227-233 Commercial Road London, E1 2BU Open ——9am to 5pm Monday to Friday (except the last Wednesday of every month 10am to 5pm) ——9am to 1pm Saturday ——Closed Bank Holidays Access Wheelchair access, hearing loop in reception area 542 Roman Road London, E3 5ES Open ——9am to 7pm Monday ——9am to 5pm Tuesday to Friday ——9am to 1pm Saturday ——Closed Bank Holidays Access Wheelchair access, hearing loop in reception area Every care has been taken to make sure that information contained in this leaflet is correct as at May 2010. Tower Hamlets Homes manages homes and estates owned by Tower Hamlets Council. Tower Hamlets Homes is a trading name of Tower Hamlets Homes Limited. Registered in England and Wales. Registered Office: Jack Dash House 2 Lawn House Close Marsh Wall London E14 9YQ Company No. 06249790. VAT Registration No. 912 4819 30.