Right to Buy: your rights as a council tenant

Right to Buy is a scheme that lets eligible council tenants in England buy their home at a discount. It began with the Housing Act 1980 and is still running, though the rules on discounts, eligibility, and preserved rights have changed a lot over time. We cover how the scheme works and what rights qualifying tenants have.

Who is eligible for Right to Buy?

You may be eligible for Right to Buy if:

• You are a secure tenant of a council (local authority)
• You have been a public sector tenant (with a council, housing association, or other public body) for at least 3 years
• Your home is your main or only home
• Your home is self-contained (you have your own bathroom and kitchen)

The 3-year qualifying period does not have to be in one unbroken stretch. It can include time as a tenant with different public sector landlords.

Who is not eligible?

You cannot use Right to Buy if:

• You are not a secure tenant (many housing association tenants are not secure tenants under the Housing Act 1985)
• You live in housing set aside as particularly suitable for older or disabled people
• You have failed to pay rent or keep to your tenancy conditions
• Possession proceedings are outstanding against you
• You are an undischarged bankrupt, or you have a bankruptcy petition or individual voluntary arrangement in place

How much discount do you get?

The discount depends on how long you have been a public sector tenant and the type of property:

Houses: the discount starts at 35% after 3 qualifying years. It rises by 1% for each extra year, up to a maximum of 70%.

Flats: the discount starts at 50% after 3 qualifying years. It rises by 2% for each extra year, up to a maximum of 70%.

Maximum discount amounts are capped and vary by region. London has higher caps than the rest of England. Check the current maximum with your council, as the government adjusts the cap from time to time.

The Right to Buy process

1. Apply using the official form (RTB1): send it to your landlord. The landlord must reply within 4 weeks (8 weeks if they have been your landlord for less than 3 years) saying whether you have the right to buy.

2. Receive the landlord's offer (Section 125 notice): this sets out the proposed price, how the discount was worked out, and a description of the property. You have 12 weeks to accept or reject the offer.

3. Accept and complete: if you accept, the purchase runs like a standard property purchase. You will need a mortgage or funds to cover the price, which is the market value minus the discount.

Preserved Right to Buy

Your council home may have been transferred to a housing association, for example in a stock transfer. If you were a council tenant at the time of transfer, you may still have a Right to Buy. This is known as Preserved Right to Buy. The rules are the same, but the housing association runs the process instead of the council.

Right to Buy and disrepair

If your home has serious disrepair, that is a separate question from Right to Buy. Even if you plan to buy your home, you are entitled to a safe, properly maintained home until the sale completes. The landlord's duty to repair does not stop because a Right to Buy application is in progress.

You might buy the property with disrepair the landlord knew about and did not disclose. There may be other legal routes in that case, but they are complex and need proper legal advice.

When should I contact Support for Tenants?

If your home has disrepair and you are a secure tenant, we can check whether you may have a disrepair claim and refer suitable matters to an SRA-regulated panel solicitor. Get separate advice on Right to Buy rights.

Call us on 0800 030 4669. 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 1985, Part 5 (the right to buy) (legislation.gov.uk)

Related articles

• What is a periodic tenancy?