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Exceptions to the Right to Buy

Relates to homes suitable for occupation by the elderly. This does not apply to sheltered housing for the elderly - please refer to other exceptions.

Summary

Your landlord may refuse to let you buy on the grounds that your home is particularly suitable for occupation by elderly people (under paragraph 11 of Schedule 5 to the Housing Act 1985). If so, you can ask a Residential Property Tribunal if you live in England, or the National Assembly for Wales if you live in Wales, to decide if your landlord is right. But you must ask them within 56 days after the landlord has refused to sell your home. If you don't ask in time, you lose this right of appeal.

What the law says

You do not have the Right to Buy if your home:

• is particularly suitable for occupation by elderly persons, taking into account its location, size, design, heating system and other features;
• was let to you or the previous tenant for occupation by a person aged 60 or over, whether they were the tenant or not; and
• was first let (to you or someone else) before 1 January 1990.

When considering if your home is "particularly suitable", your landlord must ignore features that you have provided (for example, a central heating system).

How do I ask for a decision?

If the property is in England you will need to contact their Head Office at 10 Alfred Place, London, WC1E 7LR, telephone number 0845 600 3178, to determine where your appeal should be sent. This is because the appeal will be dealt with by the panel for the region in which your home is located.

If the property is in Wales, write to the Welsh Assembly Government, Housing Directorate, Cathays Park, Cardiff, CF10 3NQ.

What happens then?

When both sides have had the chance to put their case and the facts have been established, the Residential Property Tribunal or the National Assembly for Wales will decide whether or not your home is excluded from the Right to Buy.

What effect will the decision have?

If the Residential Property Tribunal or Welsh Assembly Government decides that your home does fall within the criteria set out in paragraph 11 of Schedule 5 to the Housing Act 1985, you will not have the right to buy it.

If the decision is that paragraph 11 does not apply to your home, you will be able to go ahead with your purchase unless there is some other reason why you do not have the Right to Buy (the landlord may have denied the Right to Buy for more than one reason).

On what basis will the decision be made?

The decision-maker will normally expect to be satisfied on the following points:

1. there should be easy access on foot to your home: access is unlikely to be regarded as easy if it is necessary to climb three or more steps (in addition to the threshold) and there is no handrail;
2. the accommodation should normally be on one level;
3. in the case of a flat above ground floor level there should be easy access by lift;
4. there should be no more than two bedrooms;
5. there should be heating arrangements which function reliably and provide heat to at least the living room and one bedroom;
6. your home should be located reasonably conveniently for shops and public transport, having regard to the nature of the area.

The Residential Property Tribunal or Welsh Assembly Government will also take into account any other relevant features of your home which are drawn to his/their attention.

This guide is adapted from Your Right To Buy Your Home, © Crown Copyright 2005; Amended Reprint March 2006. Posted on this site September 2008.

Are You Able to Buy Your Council House?

If you would like to purchase your rented council home or apartment, then the right to buy scheme is your chance to do just that. You will need to have occupied your council home for between 2-5 years in order to get a discounted price and purchase your house at a lower price than the full market price. The Right To Buy (or RTB) your council house scheme was set up to reward longterm council tenants and so the discount you will receive depends on how long you've lived there and the council are in which you live. There are many benefits of owning your own house, the prominent one being the chance to invest in property and benefit from the rising house prices.