Right to Buy Solicitors
Mullis & Peake LLP deals with right to buy purchases in Essex. Contact our award winning solicitor to guide you through the Right to Buy process today.
What is Right to Buy?
The Right to Buy scheme allows most council tenants to buy their council home at a discount. It was introduced by the Government in 1980.
Eligibility for the Right to Buy Scheme
You may qualify for Right to Buy if you are a secure council tenant and have been a public sector tenant for at least three years, even if not continuous. Public sector landlords include councils, housing associations, and government departments. To be eligible, you must:
- Use the property as your main or only home
- Live in a self-contained property
- Be a secure tenant
- Have had a public sector landlord for at least three years
You may be disqualified due to legal issues, outstanding possession orders, or tenancy fraud. Some properties are also exempt, and eligibility is confirmed by your landlord.
Before purchasing, consider financial commitments such as mortgage repayments, maintenance, and, for leaseholders, service charges and major repairs. Owning a home comes with additional costs beyond rent, so careful financial planning is crucial.
Do you need a solicitor to buy a council house?
You do not legally need a solicitor to buy a council house or for the Right to Buy process, but the process can be complicated, and our award winning conveyancing solicitors and lawyers can give you tailored advice to ensure your application is completed correctly.
Residential Property Enquiry
Fill out the form and a member of our team will get in touch to discuss how we can help.
Right to Buy solicitors fees
Solicitors’ fees can vary depending on the firm that you choose to act on your behalf. Here at Mullis & Peake, we will provide you with a quote and there will not be any hidden costs.
Importance of Right to Buy legal advice
It is important to have proper legal advice during the Right to Buy process so that you can understand your discount eligibility, your rights and entitlement but also about the process and time limits. There are also individuals and companies that offer to help tenants buy their homes, but they are not authorised or insured like solicitors’ firms.
Why choose Mullis & Peake as a Right to Buy solicitor?
Our Experience in Right to Buy
At Mullis & Peake LLP, our extensive experience in Right to Buy cases ensures that clients receive expert guidance tailored to their unique situations. Our transparent and competitive fees come with no hidden costs, providing clients with clear expectations from the outset. We offer personalised support throughout the entire process, from eligibility checks to finalizing paperwork, ensuring a smooth and stress-free experience.
As a trusted, award-winning firm, we are committed to helping clients secure their homes with confidence.
Right to Buy process explained
Step-by-Step Overview
- Instruct a solicitor
- The transfer is drafted and initial enquiries are raised
- Property searches are ordered
- Mortgage offer (if applicable)
Signing the transfer
- Completing the transfer
- Application to the Land Registry to register the property
You can read more on what happens after enquiries are answered in the conveyancing process.
What Right to Buy discount am I entitled to?
The Right to Buy discount you are entitled to depends on several factors such as the property value, your location and the length of your tenancy. Also, there are different discount levels for houses and flats.
- Houses – You get a 35% discount if you have been a public sector tenant for between 3 and 5 years. After 5 years, the discount goes up 1% for every extra year you have been a public sector tenant up to the maximum discount amount.
- Flats – You get a 50% discount after 3–5 years, increasing by 2% per year up to the maximum discount amount.
If you are buying with someone else, you count the years of whoever has been a public sector tenant the longest. The maximum discount you can get is whichever is lower:
- 70% of the value of your property
- the maximum discount for your region
Understanding the Right to Buy offer
Your landlord must deal with your application within the timescales set out below. If they do not, you could get a further reduction on the sale price.
Once your landlord has received your completed application, they must confirm eligibility via a Section 124 notice (RTB2) within four weeks (or eight weeks if you have been with them for less than three years). If eligible, they must send a formal offer letter (S125) within eight weeks for freehold properties or 12 weeks for leaseholds.
If you believe the market value in the offer is too high, you have three months to request a review under Section 128 of the Housing Act 1985. After notifying your landlord, you have four weeks to appeal to the District Valuer for a reassessment.
Documentation for Right to Buy Application
- To complete your Right to Buy application, provide your full property address, including area and postcode, along with your landlord’s name (e.g., Basildon Council). List all tenants on the agreement, ensuring names match official records, and confirm if the property is their main home and if they wish to buy.
- Include family members joining the purchase—spouses, civil partners, or relatives over 18 who have lived there for at least 12 months.
- Provide details of past and current tenancies, including dates, landlords, and addresses, including those of your spouse, former spouse, or late partner.
- If you've previously bought a home through Right to Buy or another discounted scheme, include the property address, as discounts may be affected.
- Finally, list any improvements you've made, as their value will not be included in the valuation, ensuring you don’t pay twice.
Can I sell my home under Right to Buy?
If you buy your home through Right to Buy, you can sell it at any time. However, if you sell within the discount repayment period, you may need to repay some or all of the discount.
Selling within the first year requires full repayment. The repayment amount then reduces yearly—four-fifths in year two, three-fifths in year three, two-fifths in year four, and one-fifth in year five. After five years, no repayment is needed. The amount owed is based on a percentage of the property’s resale value, excluding improvements.
Some sales or transfers, such as those to certain family members, may be exempt from repayment rules. At Mullis & Peake LLP, we guide you through the selling process and help you understand any financial obligations.
Frequently Asked Questions
You can pay for your council house outright in England, but most people will get a mortgage for the purchase.
It is unlikely that the council will buy your house and then rent it back to you because they have a list of tenants that they need to house.
If you sell your home within 10 years after buying through Right to Buy you will need to offer it back to the council or housing association before you can sell on the open property market. If you sell your home within five years after buying it through Right to Buy you will have to repay all or some of the discount.
Yes. Buying your housing association house is the same as buying your council house through the Right to Buy scheme.
Yes, you can apply for a mortgage to pay for your home under the Right to Buy scheme. A lot of financial institutions offer Right to Buy mortgages.
As long as you have a right to own property and live in the UK then you can apply for the Right to Buy scheme even if you are not a British Citizen. You will be asked to provide proof of your eligibility when you apply.
If you think your landlord has set your home’s market value too high, you must write to them within three months of getting the offer and ask them for an independent valuation. A district valuer from HM Revenue and Customs (HMRC) will then visit your home and decide how much it is worth. You have 12 weeks to accept their valuation or pull out of the purchase.
Mullis & Peake have a specialist team in residential property ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our team contact you at a time that suits.
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Paul qualified as a solicitor in 2010 and specialises in Residential Property matters.
