Who has the right to buy?

The right to buy was first introduced in the UK in 1980.

If you decide to exercise your Right to Buy under the appropriate scheme, this means you can buy your home at a price lower than the full market value.
The length of time you have spent as a tenant entitles you to a discount. [ this discount can vary according to where in the UK you are located ]

In general, if you are a secure tenant of a 'Right to Buy landlord' you probably will have the Right to Buy. The word 'landlord' is a generic term and can mean.
An actual ‘landlord’ or perhaps quite often your local council, or housing association, who currently have your home as part of their housing stock.

If your secure tenancy was in existence before 18 January 2005, or you were a public sector tenant before 18 January 2005 (and you have been a public sector tenant continuously since that time), you do not have the Right to Buy until you have spent at least 2 years as a public sector tenant. A public sector tenant is a tenant whose landlord is either a 'Right to Buy landlord'; or one of the public bodies listed under 'Other public bodies'.

For anyone else, you do not have the Right to Buy until you have spent at least 5 years as a public sector tenant.

You will only be able to purchase under the scheme if your house or flat is your only home and is self-contained.

You cannot buy your home if a court makes a possession order which says that you must leave your home. Neither can you buy your home if you are an undischarged bankrupt, have a bankruptcy petition pending against you, or have made an arrangement with creditors (people you owe money to) and you still owe them money.

You may be able to exercise the Right to Buy jointly with members of your family who have lived with you for the past 12 months, or with someone who is a joint tenant with you.

Any land let together with your home (for example, gardens and garages) will usually be treated as part of your home. There are exceptions to the Right to Buy

Preserved Right to Buy

If you are an assured tenant of a registered social landlord, such as a housing association, in normal circumstances you do not have the Right to Buy (although you may have the right to buy your home under another scheme - ask your landlord if you are unsure).

However, if you were previously a secure tenant of a local authority and you became an assured tenant because ownership of your home was transferred to a registered social landlord, you may have what is known as the 'Preserved Right to Buy'. This only applies if you were living in your home at the date on which it was transferred. It can also apply if you then move to another property owned by the new landlord. But it does not apply if you move to a property owned by a different landlord.

The Preserved Right to Buy operates in a similar way to the normal Right to Buy. However, the cost floor ( reduces the discount available to take account of the cost of works previously done on the property by the landlord) includes works carried out over a longer period (15-16 years) and may include acquisition and build costs. Also, you cannot buy your home through the Rent to Mortgage scheme (see below) if you have a 'Preserved Right to Buy'

Click here to read a full explanation of the Government rules on who has the right to buy