How Do I Qualify For The Modernised
Right To Buy?
The Housing (Scotland) Act 2001 introduced new rules
for tenants who want to buy their property called the modernised
Right to Buy.
You will sign a tenancy agreement called a Secure Tenancy. Under
this you will qualify to buy your new home only if you
have occupied your house or a previous house with a relevant public
sector landlord for a 5-year continuous period.
After 30th September 2002 new tenants and current tenants who
transfer to a new house or exchange houses with another tenant
are entitled to the Right to Buy.
Discount Under The Modernised Right To Buy
You are then entitled to a minimum discount of 20% of
the market value of the house. The discount will increase by 1%
for every year you occupy the house up to a maximum of 35% or
£15,000 (whichever is lower)
If you sell the house within 3 years you will have to
pay back a proportion of the discount you received from us.
Responsibilities When You Buy Your Council House
If you are buying a flat you may share responsibility
for repair & maintenance of common property e.g. the roof,
stairs, garden, external walls. Specific responsibilities are
defined in the title deeds of the property if you buy it.
Reasons For Refusal Under The Modernised Right To Buy
We may refuse to sell the house to you if you have arrears
of rent, council tax or water & sewerage charges when you
apply.
We can also refuse to sell you the house if we have started legal
proceedings to recover possession of it on conduct grounds, e.g.
rent arrears or anti-social behaviour
This is not an authoritative statement of the law. You should
seek further advice from us or a solicitor if you are unsure about
your rights under the modernised.
Exemptions from the Modernised Right to Buy
In general tenants have the right to buy unless they
are occupying a house covered by an exemption.
The main exemptions for Local Authority tenants are:
- Where the house is designed for persons with special needs
who receive support services and/or benefit from special facilities.
- Where the area in which the house is situated is designated
as a “pressured area" where the right to buy is suspended
for a period of up to five years
To find out about the Modernised Right to Buy and if you qualify
for it contact your area
housing office |
