Right to Buy Procedure

Similar documents
The Right to Acquire. Contents. Contents Making an informed decision Can you buy your home? How to buy your home 7. 4.

Buying Your Council Home. Right to Buy. A Guide for Sheffield Council Tenants

Staircasing Buying more shares in your home

Interested in buying your own home?

Interested in buying your own home? A legal guide to Right to Buy

Right to Buy A Guide for Tenants

How to extend the terms of your lease

ADVICE NOTE BUYING AND SELLING YOUR FLAT. A summary of the typical events when buying and selling a leasehold flat

CONTENTS. Page 2 INTRODUCTION

GENERAL GUIDANCE ON SELLING AND BUYING RESIDENTIAL PROPERTY THESE NOTES HAVE BEEN PREPARED TO ASSIST YOU AND EXPLAIN THE BUYING AND SELLING PROCESS

The Community Housing Group. Voluntary Right to Buy Pilot Customer Guide

Purchase of a leasehold residential property

Preserved Right-To-Buy & Right-To-Acquire Policy

Some homes may not be eligible and in those cases we will try to find an alternative property that you can buy.

Discretionary Freehold Purchase

Tozers guide to selling your home

Our fees for residential conveyancing

THE PROCESS OF CONVEYANCING (The Business of Buying and Selling)

make it happen Information on Right To Buy Lease Extension

A step-by-step guide to... Help to Buy. Shared Ownership. hastoesales.com

Islington & Shoreditch HA Lien Viet HA. Staircasing Guide For Shared Owners

Voluntary Right to Buy and Portability Policy

A guide to buying your council or housing association home

Looking After Your Move

Conveyancing. Pricing. wardhadaway.com. Newcastle Leeds Manchester

Leasehold Information Form (2nd edition)

Crown Equity Release Plan Application Form

Your guide to: Staircasing. How to buy further shares in your Shared Ownership home. Great homes, positive people, strong communities

A guide to. Shared Ownership

Bridgewater Equity Release

Leasehold Property - Lease Extensions

Do you have the right to buy your home?

Online Bidding Terms & Conditions

EQ Solicitors: Pricing Information

Your Guide to Staircasing

SRA Transparency Rules

Leasehold Information Form (2nd edition)

SRA TRANSPARENCY RULES

Residential property matters

Right to Buy LEASE CONFERENCES. Disclaimer

A home of your own SHARED OWNERSHIP (PART BUY/PART RENT)

SC.CH

Lease Extension Interested in extending your lease? We hope you find this guide useful in informing you of your options and how to go about it.

A guide to. Shared Ownership. for you - for your community - not for profit.

DISPOSAL AND APPROPRIATION OF LAND BY LOCAL COUNCILS

Equity Release Mortgages (please contact us for a bespoke quote

RESIDENTIAL CONVEYANCING

HAVEBURY HOUSING PARTNERSHIP

Leasehold Information Form

Selling your shared ownership home

Heathrow Expansion. Land Acquisition and Compensation Policies. Interim Property Hardship Scheme. Policy Terms

Right to Buy Information Guide

RESIDENTIAL CONVEYANCING FEES ESTIMATES (OCT 2018)

PURPOSE FOR WHICH TO BE USED

Certificate of Title. Lender's reference (from letter of instruction) The Borrower(s)

Leasehold. Administration charges - a guide for home owners

Laceys Guide To Right To Manage

Resales Selling your shared ownership property

A GUIDE. For Sellers

Right to Buy Policy SER-POL-18 Version 5.0 Date approved: February 2017 Approved by: Chief Executive

Buying a home. Your guide to. Getting advice. Finding a solicitor.

Buying the Freehold Interest in your Building with other flatowners (Leasehold Reform, Housing and Urban Development Act 1993)

PAGE INTRODUCTION 2 ABOUT ENGLISH RURAL 2 HOW SHARED OWNERSHIP WORKS 2 WHO QUALIFIES 3 THE COSTS 3 AFFORDABILITY 4 BUYING EXTRA SHARES 4

RESIDENTIAL CONVEYANCING. Pricing Information

Standard for the acquisition of land under the Public Works Act 1981 LINZS15005

Buying a 90 year extension of your flat lease (Leasehold Reform, Housing and Urban Development Act 1993)

HOME Scheme and Part Exchange. You ve found the Story Home of your dreams but you don t have a buyer for your current property...

Land Rights For Connection Customers

Voluntary Right to Buy

PROPERTY INVESTMENT NOTES

Your guide to: Extending your lease

What happens when the Court is involved in a tenancy deposit dispute?

TENANTS TERMS AND CONDITIONS

Fees Examples. Please contact us for a detailed estimate specific to your proposed instruction.

YOUR GUIDE TO THE LEGAL PROCESS FOR SELLING A PROPERTY

The learner can: 1.1 Give examples of types of transaction carried out in a conveyancing office.

Assessment criteria. The learner can: 1.1 Give examples of types of transaction carried out in a conveyancing office

1 Adopting the Code. The Consumer Code Requirements and good practice Guidance. 1.1 Adopting the Code. 1.2 Making the Code available

NON-EXCEPTED AREAS - POLICY AND GUIDANCE (January 2016 Edition)

Your lease. Information for leaseholders

The learner can: 1.1 Give examples of types of transaction carried out in a conveyancing office.

Selling residential property in England and Wales: the basics

Assignee Pack. A guide to the assignment process and supporting information

COLLECTIVE ENFRANCHISEMENT

PURCHASE OF FREEHOLD OR LEASEHOLD RESIDENTIAL PROPERTY

where your story begins

LEASEHOLD MANAGEMENT POLICY

Guideline Leaflet PM01: Buying a Manse

Lease extensions for flats

Leaseholder & Shared Ownership Handbook

If a Tenant Does Not Pay Rent

Buying & Selling Your Home a Guide

Leasehold Management Policy

GUIDE TO SELLING YOUR SHARED OWNERSHIP HOME

Example for a registered Freehold purchase of 150,000 (this estimate does not include Help to Buy Scheme or New build properties).

YORKSHIRE HOUSING ADMINISTRATION CHARGES

Scotland. Wayleaves guide. New Connections Requirement for Land Rights

Your guide to: Extending your lease

Challenges of Shared Ownership. Steve Chapman

Right to Buy Policy SER-POL-18 Version 2.0 Date approved: January 2015 Approved by: Chief Executive

Transcription:

Right to Buy Procedure STEP 1: Applying to buy A tenants first step is to ask us for the Right to Buy claim form (Form RTB 1). Forms must be issued within 5 working days. The tenant will need to complete and return the form. Tenants should be informed that the RTB 1 is an important document and they should keep a copy. STEP 2: Our Response The next step is for us to reply, informing the tenant whether or not they have the Right to buy (Staff must use the Right to Buy Decision Making Checklist) to determine if the application is accepted or rejected (this information should be provided using the RTB 2 form). This form must be provided within 4 weeks of receiving the completed RTB 1 form (or within 8 weeks if the tenant has been with the Association for less than 5 years). If we decide the tenant does not have the Right to Buy their home, we must write to the tenant and explain the reasons (following the timescales above). N.B. If a tenant lives in a Flat or Maisonnette, we need to arrange for a valuation as we have to notify tenants of any structural defects. A survey should be arranged within 10 working days of issuing the RTB 2 Form. Where we have concluded that a tenant has the Right to Buy we must seek a valuation of the property (Contact Ingram Evans Mark Williams Tel: 029 2061 4411 Email@ marc@ingramevanscare.co.uk. This valuation should be obtained prior to issuing the RTB 2 Form.

STEP 3: Section 125 Notice If we agreed to sell the home we must send the tenant a separate offer notice (known as the Section 125 Notice). This document informs the tenant of the price they have to pay and the terms and conditions of the sale. Specific issues such as rights of way will be attended to by our Solicitors. Any site service charge, general repairs reserve or related site cost will be clarified in advance and provided in the Section 125 Notice. We must send this within a further 8 weeks after the tenant has received their RTB 2 form if their home is a house and they are buying a freehold, or within 12 weeks if the home is a flat or maisonette. If they are buying a house on leasehold terms, the time limit is also 12 weeks. N.B Tenants may appeal against our valuation within three months of receipt of the section 125 notice. The appeal will usually come to us first but then must be sent to the district valuer who may revalue their home. They will have to accept the District Valuer s valuation even if it is higher than ours, or withdraw their application. If a tenant disagrees with any other information contained within the Section 125 notice (e.g. size of discount, conditions of sale), they have the right to go to the County Court for a ruling. STEP 4: Property Purchase The tenants may contact us at this stage to decide if they want to: buy their home outright for the purchase price. forget about buying, withdraw their application, and carry on paying rent. If the tenant wants to go ahead with the purchase they must:

Inform our Solicitors in writing of their their decision within 12 weeks of receiving their Section 125 notice. Appoint a legal representative to work on their behalf. If they require a survey, arrange for this to be carried out at their expense. Arrange a mortgage, if they need one, with a building society or bank. Once they have obtained a mortgage offer they can tell us that they are ready to take the next step. We may be contacted by their legal representative to deal with any other outstanding points. If a tenant does not need a mortgage, they just need to tell us that they have enough money in savings to buy their home. If tenants have asked to have their house valued by the District Valuer. They must inform us in writing what they want to do within 12 weeks of getting that valuation. Alternatively if the tenant meets the criteria to request a review of the district valuer's determination this must been done within 28 days of getting the determination. If tenants do not inform us what they intend to do in time, we should: Send a reminder. If the tenant does not reply within 28 days we can assume the tenant does not want to buy, and the application will not be dealt with any further. Tenants must request an extension from us providing valid reasons for the need of an extension. STEP 5: Instruct Solicitors Upon receipt of the details concerning the mortgage offer instruct our solicitors (Hugh James contact Margaret Maylin Tel: 029 2039 1089 Email: margaret.maylin@hughjames.com) If more information is needed from the tenant, we should inform them or their legal representative.

STEP 6: Completing Once we have checked the tenants details, the purchase can proceed. The tenants solicitor or licensed conveyancer will deal with the legal requirements necessary for the purchase and should keep them informed. Tenants are expected to complete the purchase within three months of receiving their section 125 notice. If they fail to complete within this time period, Hugh James can serve a first notice giving them a reasonable time (not less than 56 days) to complete. If they do not complete within this time, Hugh James can serve a final notice, giving them a further reasonable period (not less than 56 days) to complete. If they do not complete within the time given in the final notice, we will consider the application to be withdrawn. Further advice - For information on mortgages and insurance, we should instruct tenants to seek their own independent advice as well as asking banks, building and insurance companies about their products. Delays or problems with the sale If we fail to send the tenant the Form RTB 2 (the notice telling them if they have the Right to Buy) or the Section 125 notice (offer notice) within the times stated. The tenant may be allowed a reduction in the purchase price. To get this reduction, the tenant needs to fill in an initial notice of delay (Form RTB 6) and send it to us. They must give us landlord at least one month to take the next step in the sale process. We can send a counter notice if we have already served the tenant with a Response Notice or a Section 125 Notice, or if there is no action that can be taken by us to speed up the sale. If we don t send the tenant a counter notice within the time allowed, the tenant can send us an operative notice of delay (Form RTB 8).

The rent a tenant pays while the delay goes on will then be taken off the price they have to pay for their home. If we delay the sale again, the tenant can repeat this procedure. Further advice For information on mortgages and insurance, we should instruct tenants to seek their own independent advice as well as asking banks, building and insurance companies about their products.