Who has the Right to Buy.
To have the Right to Buy you must have either a secure or flexible council tenancy. You also need a "qualifying period" of at least 3 years of relevant tenancies or periods in H.M. Armed Forces accommodation.
Most tenants who have a secure or flexible tenancy and the required qualifying period will have the right to buy, but there are exceptions to this. Although most applications are straightforward, legislation governing the right to buy can be complex and may cause a delay to your purchase.
The qualifying period
Your qualifying period is the duration of your current tenancy plus the duration of any previous tenancies with Welwyn Hatfield Borough Council. Your qualifying period also includes any time living in H.M. Armed Forces accommodation.
Tenancies with other public sector landlords, such as other councils, housing associations, the Commission for the New Towns and National Health Service Trusts are also included. In some cases you can also count the tenancies that have been held by your husband, wife, or civil partner, or a former husband, wife, or civil partner, and in cases of succession your parents' tenancy.
Including other people on an application
The Right to Buy belongs to the tenant (or joint tenants) of the property. In some cases, your partner and other members of your family who are living with you can be included on your application.
Who does not have the right to buy their home?
You are not eligible for the Right to Buy scheme if you:
- do not have a secure or flexible tenancy
- have an introductory tenancy
- have lost your status as a secure tenant (for example by not living in your home as your main residence, or by subletting your home to other people)
- your tenancy has been demoted.
Even if you have a secure tenancy or a flexible tenancy and the correct qualifying period, you may still not be able to buy. You do not have the Right to Buy if:
- we or the council consider your property to be particularly suitable for elderly people - your property will be considered to be particularly suitable for elderly people if it is part of an elderly persons scheme of bungalows or flats with warden care, communication equipment, and access to a common room. Your property may also be considered to be particularly suitable for elderly people if it is a bungalow or flat (even with no communication equipment and no access to a common room) that was let as elderly persons accommodation, and meets certain rules, such as being reasonably close to shops. If you disagree with your decision on this you will have a right to appeal to a Residential Property Tribunal
- your home is considered to be sheltered housing for the physically or mentally disabled and special rules are met
- special rules apply as you have accommodation that was let to you in connection with your employment
- we or the council intends to demolish your home
- you are considered to be un-discharged bankrupt, or if there is a bankruptcy petition pending against you or unfulfilled arrangements with creditors
- a court order has been obtained (or a hearing has been applied for and is awaited) for suspending your right to buy because of anti-social behaviour
- you are subject to a possession order (or a hearing has been applied for and is awaited).
To complete your purchase you will, of course, need to pay the purchase price of the property. We will not complete the sale if you owe rent or any other money due from you as a tenant, such as court costs or rechargeable repairs for example.