Right to Acquire: housing association tenants

The Right to Acquire is a scheme that lets some housing association tenants buy their rented home at a discount. It is like the Right to Buy scheme for council tenants, but for housing associations, and the discounts are smaller. Here is how it works and how it connects to disrepair.

What is the Right to Acquire?

The Right to Acquire gives some housing association tenants the legal right to buy their home at a lower price. It came in under the Housing Act 1996 and has changed a little since.

Who can use it?

To qualify you must:

• Rent from a registered social landlord (most housing associations count)
• Have held a public sector tenancy for at least three years
• Live in the home as your only or main home
• Have no demolition notice in force on the home
• Have no court orders against you for things like nuisance or anti-social behaviour

The home must also have been built or bought with public money after 1 April 1997. That rules out some older housing association homes.

How much discount do you get?

The discount is fixed at between £9,000 and £16,000, depending on where the home is. That is much less than the Right to Buy discounts council tenants can get.

If you sell the home within five years of buying it, you have to pay back some or all of the discount.

Homes that do not qualify

Some housing association homes are excluded, including:

• Homes in some rural areas (small parishes with under 3,000 residents can ask for an exemption)
• Homes built or bought before 1 April 1997 with private money
• Homes in sheltered or supported housing schemes

Right to Acquire and disrepair

Disrepair does not stop you using your Right to Acquire. If your home has damp, mould, broken heating, or structural problems, you can still apply. Two things are worth knowing:

• The home's condition affects the price. A surveyor will check the home before you buy. Serious disrepair can lower the valuation, which lowers what you pay.
• You can do both at once. A disrepair claim and a Right to Acquire application are separate. One does not stop the other.

See also our article about whether you can claim disrepair while applying for right to buy.

How the process works

1. Apply to your housing association using form RTB1, or their own Right to Acquire form
2. They must reply within 4 weeks to confirm whether you qualify (8 weeks if you have rented from more than one landlord)
3. If you qualify, they send you a notice with the sale price and the discount
4. You have 12 weeks to accept or turn down the offer
5. If you accept, the legal work starts. You will need a solicitor.

When should I contact Support for Tenants?

If your housing association will not fix disrepair in your home, call us on 0800 030 4669. Using your Right to Acquire does not affect your right to claim for disrepair from your time as a tenant.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 1996 (right to acquire) (legislation.gov.uk)
• Housing and Regeneration Act 2008 (legislation.gov.uk)

Related articles

• What is the difference between council and housing association?