Right to Buy

The Right to Buy (RTB) is a Government scheme first introduced in 1980 that allows secure tenants to buy their home.  All councils with housing stock must operate this scheme.   Right to Buy means you may be entitled to buy your council home at a discount to the full market value.  The price will depend on how long you have been a secure tenant.  The maximum discount available in Thanet is £38,000.   Once you have claimed the Right to Buy the council will not usually carry out general maintenance other than that for which is has a statutory obligation.  For example, to keep the property wind and watertight, and to adequately maintain services ie, heating, sanitary and electrical installations.

Warning

Buying your home is probably the biggest financial decision you will ever make.  If you decide to exercise your right to buy you will become responsible for all the costs of maintaining your home, including major structural repairs, routine repairs, and improvements to it.

As a tenant, you are entitled to claim Housing Benefit if you are unable to pay the rent.  You cannot claim Housing Benefit to help pay a mortgage.

If you are approached by a person or company offering to help you buy your council home, check out what’s in it for them.  We don't charge for helping or advising with your Right to Buy, and there is no charge for the valuation.  

Contact the Leasehold Services Team for more information.

Yes – if

• You are a Secure Tenant
• You have been a public sector tenant for at least five years (with Thanet council, another council or housing association, or other public body – please ask if you are unsure)

No – if

• You have a non-Secure Tenancy
• You have an Introductory Tenancy
• You are a Service Tenant – ie a Council Scheme Manager or Caretaker
• Your home is particularly suitable for occupation by elderly people
• You have a Possession Order outstanding against you
• You are an undischarged bankrupt, or have a bankruptcy petition pending against you.

How do I apply?

Step 1

Contact the East Kent Housing team for a free application form (Form RTB 1), or download it here.

Fill out the form carefully because the council uses it to decide:

• whether you have the Right to Buy, and
• how much discount you will get.

If you need help filling in the form, our staff are pleased to help.  There is no charge for this service.  For more help online, visit the direct.gov.uk website.

Once you've filled out the form, it is a good idea to send it to us by Recorded Delivery, or deliver it by hand to one the of council offices.  Don't forget to get a receipt. Remember, your application form is a legal document. You should also keep a copy of your application form.

Step 2

Once the council receives your application form, it has 28 days to advise you whether you have the Right to Buy.  If you have been a tenant of Thanet Council for less than 5 years but have been a tenant with other Authorities, the council has up to 8 weeks to reply.  The letter you receive is called Form RTB2.

Step 3

If the council has agreed to sell your home to you, you will receive a document called a Section 125 Notice.  This will tell you how much you have to pay, and the terms and conditions of sale.

Step 4

If you are not happy with the valuation, you can appeal to the District Valuer.  In this case, his will be the valuation that counts, whether it is higher or lower than the council's price.

Step 5

This is the time to resolve any other queries you have about the Section 125 Notice.  For example, the amount of your discount or your home's boundaries. If you do have a query you are advised to seek legal advice.

Step 6

Before you make a decision whether to buy your home it is advisable to get an independent survey carried out by a qualified surveyor.  When you apply for a mortgage, the bank or building society will carry out a survey, but this is only to value your home.  It will not show up any structural problems.

Step 7

Once you decide to go ahead with buying your home you first need to get legal advice from a solicitor or licensed conveyancer.

Step 8

You need to tell the council about your plans.  You must tell them if you have decided not to go ahead, or if you wish to proceed.  You must tell them within 12 weeks of receiving your Section 125 Notice.

Step 9

You will need to get a mortgage from a bank or building society to buy your home.  You can apply for this at any stage, in fact it it advisable to do this early on.  Your bank or building society can give you a certificate to show they are willing to lend you the money before an actual mortgage is taken out.  It is a good idea to shop around the various lenders to get the right mortgage for your circumstances.  The Financial Services Authority can give you more information on how to go about this.

Step 10

It may take a couple of months, or longer,  to complete your purchase. This depends on how long it takes the financial and legal formalities to be completed.

Service Charges

If you are buying a flat or maisonette in a block, you will have to pay service charges every year. 

As a Leaseholder, the council will be your landlord.  It will be responsible for maintaining communal areas within the block (lifts, stairs and hallways, etc), and the grounds outside.  The Leasehold Management Unit of East Kent Housing can help with any queries or advice about this. They can be contatced on 01843 577649.

Further information is available:

• Your Right to Buy your Home
• Thinking of Buying a council flat?
• TDC booklet Thinking of buying your home?

Paper copies of these are available on request, contact the Leasehold Services Team for more information.