Eligibility for the scheme varies in England, Scotland and Wales but generally a secure tenant has the Right to Buy when they have spent at least five years as a public sector tenant.
A public sector tenant is a tenant whose landlord is either a ‘Right to Buy landlord’; or one of the public bodies listed under ‘Other public bodies’ on the Department for Communities and Local Government website.
They will only be able to purchase under the scheme if their house or flat is their only or principal home and is self-contained. They cannot buy their home if a court makes a possession order that states they must leave their home.
Neither can they buy their home if they are an undischarged bankrupt, have a bankruptcy petition pending against them, or have made an arrangement with creditors and still owe them money. Any land let together with the home (for example, gardens and garages) will usually be treated as part of the home.
According to the Department for Communities and Local Government, plans are underway to reduce the eligibility criteria from five years public sector tenancy to three.
This requires a change to the law and this is expected to be in place in late 2014, subject to Parliamentary approval.
With Right to Buy, candidates can currently make a joint application. If eligible, someone can buy their home with:
1) Someone who shares their tenancy.
2) Their spouse or civil partner.
3) Up to three family members who have lived with the candidate for the last 12 months. Their names do not have to be on the tenancy agreement but it must be their main home.
Most housing association tenants do not have the Right to Buy but if they were a secure council tenant and were living in their current home when it was transferred from the council to another landlord, like a housing association, then they may have a ‘Preserved’ Right to Buy.
This only applies if they were living in their home when it was transferred. It can also apply if they then move to another property owned by the new landlord, but it does not apply if they move to a property owned by a different landlord.
If the candidate has the Preserved Right to Buy, then they can buy their home under the scheme in the same way as if they were still a council tenant.
