Right to Buy Solicitors

What is the Right to Buy Scheme?

The Right to Buy Scheme gives council tenants in England the opportunity to buy their council property at a discounted price. It was introduced by the UK government and enables long-term tenants to get into homeownership.

To qualify for this scheme, you must be eligible:

• You must be a tenant of a council property or a public sector landlord;
• The property you wish to purchase must be your sole or main home;
• It must be a self-contained property (the property has its own amenities and isn’t shared by other households);
• If it’s a public sector property, you must have been a public sector tenant for a minimum of three years (but it must be noted that the three year period does not need to be consecutive).

What discount can I receive on the Right to Buy Scheme?

The discount you receive on your property can vary depending on the type of property and how long you have been a tenant.

Houses – if your property is a house, you can obtain a discount after you’ve been living there for three years, which then increases each year afterwards.

Flats – similar to houses, flats can also have discounts that tend to be a higher percentage than houses, and these also increase with tenure.

Discount figures are decided by the government and can be changed. If you’re uncertain whether you’re eligible, your landlord should be able to tell you – and if you are eligible, that’s where we come in and begin helping with your transaction.

Do I need a solicitor for my right to buy transaction?

Using the Right to Buy Scheme when purchasing your home is different to a standard, residential transaction. It comes with legal steps that must be taken, timeframes and documentation that is unique to this type of transaction. We’ll be able to guide you through the process, ensuring all the legalities are taken care of and you can focus on making your house a home. Our right to buy conveyancing solicitors will:

• Review the Section 125 notice you have been served, which details information to do with your property: purchase price, discount applied and terms and conditions laid out by your landlord.
• Raise necessary legal enquiries with your landlord’s solicitors on your behalf.
• Carry out the conveyancing searches on your property, looking for potential flags that need to be raised.
• Confirm and report on the title of the property.
• Go through the discount repayment covenant with you to ensure you understand it clearly. There’s an obligation to repay some or all of the discount if you sell the property in the future within a certain time period.
• Take care of the registration of your ownership with HM Land Registry once your transaction is complete.

Your conveyancer will be there throughout the process to answer queries you may have and to advise on the best course of action. They’re essential for helping your transaction through to completion securely.

The Right to Buy Scheme: step by step

If you’re considering the Right to Buy Scheme, it’s important to understand what you could expect beforehand. Everyone’s case can differ depending on property, cooperation from other parties and overall complexity of the case, but this is the standard process you could expect:

1. Your landlord can tell you if you’re eligible for the scheme or not. If you are, your process starts by submitting an RTB1 form to your landlord. This is a formal application to buy your home under the scheme.
2. Your landlord must respond to your request within a specific time period and confirm your eligibility. If they don’t respond, there are legal steps you can take – your solicitor can advise on this.
3. If your application is approved, your landlord should issue a Section 125 notice to you, which is essentially their formal offer to sell the property to you. This is a document that will contain relevant information such as the suggested purchase price, the discount applied and other terms and conditions of the sale. Now is the time in your process when you would enlist the help of a conveyancing solicitor.
4. If you choose to work with FJG, we’ll take the time to conduct necessary ID checks and onboarding before we begin working with you. We’ll review your Section 125 notice and advise you on the details.
5. If you choose to finance your property through a mortgage, we’ll liaise with your mortgage lender throughout the entire transaction and keep you informed, too. Not all mortgage lenders offer Right to Buy mortgages, so finding the right lender that can confirm if they’ll be willing to help is essential early on.
6. Like with a standard transaction, your property will go through some conveyancing searches. These include local authorities, water and drainage and environmental searches which are designed to identify issues that may affect your decision to buy.
7. After searches are completed and enquiries have been resolved, contracts will be exchanged between you and your landlord. At this stage of the process, you are legally committed to the transaction, as is your landlord.
8. Once the purchase has been finalised, funds have been transferred and you’ve received the keys to your new purchase, your transaction is complete. Your right to buy conveyancing solicitor will handle the financial aspects of your case for you.
9. After completion, our job doesn’t stop there. We’ll register you as the legal owner with HM Land Registry on your behalf.

It’s important to note that throughout your transaction, we will ensure you understand what is meant by the discount repayment covenant. If you decide to sell your property within a certain time period after your transaction has completed, you could face the risk of having to pay some or all your discount back.

Why choose Fisher Jones Greenwood for your right to buy transaction?

We’re a firm that has deep local expertise as well as a wide regional presence across East Anglia, with offices in Billericay, Braintree, Chelmsford, Clacton-on-Sea, Colchester, Leigh-on-Sea, London and Sudbury. We’re trusted to give practical advice, eliminate legal jargon and keep you updated throughout your entire process.

We’ve been recognised by The Legal 500 and Chambers & Partners for our work, which includes our conveyancing team, guiding clients through a range of cases, some straightforward, some complex.

Our conveyancing team has decades of experience in residential and commercial property transactions, and we understand the complexity that legal processes within this sector can involve.