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How to buy your home

You may consider help from 3rd party agencies who will offer their services in arranging and helping you to buy your house - many of them have Right to Buy somewhere in their title. They could charge for their service, up to £3,000, which will be added onto your mortgage costs. This will be paid over the length of your mortgage and will attract interest. Any information regarding your application, before acceptance, is available from the council Right to Buy officer, and during the process, any communications will be sent to the tenant and not the 3rd party. After you have accepted the offer, your solicitor is there to help you through to completion. Please bear this in mind if you are approached or think you need help.

Privacy Notice - This authority is under a duty to protect the public funds it administers and is required under section 6 of the Audit Commission Act 1998 to participate in the National Fraud Initiative (NFl) data matching exercise. We advise council tax payers that the data held by the authority in respect of council tax payments and benefits will be used for cross-system and cross-authority comparison purposes for the prevention and detection of fraud.

In order to buy your home it is necessary to complete the application form (form RTB1).

Please note:-

This address should remain your only or principal home for the duration of the Right to Buy application

For your application these documents will be required for the tenant and any other family members entering into the Right to Buy

(Family member must prove tenancy at the address for over 1 year)

Items to show tenancy at the address where the application is being made –

-passport or driving licence – photo ID

-copies of any utility invoices

-copies of bank statements

-documents to prove tenancy at other address used in the application

Previous tenancies – proof of tenancy from housing associations, military service, police service must be provided by you to be used towards your discount

The form requires you to complete details of your tenancy and any previous tenancies you may have held. The application form should be completed in full and signed by all the applicants for the Right to Buy (including any family members who are applying to buy the property with you).

If you have changed your name or remarried whilst living at any of the addresses provided in the Right to Buy application form (RTB1) please let us know so we can verify the tenancy details. If you have not already notified Ashfield Homes of your marriage and name change, please supply a copy of your marriage certificate with the Right to Buy application form (RTB1).

If you are claiming discount for time served in Armed Forces accommodation, please enclose a copy of your discharge papers with the Right to Buy application form (RTB1).

If you wish family members to share the Right to Buy with you it is important that they complete and sign the Right to Buy application form (RTB1). Family members will need prove that they have lived with the tenant at the property as their own or principal home.

If you are unsure on how to complete any aspect of the application form, the Council's Right to Buy Officer. If you are house-bound or have a disability which prevents you calling at the Council Offices, please contact the Right to Buy Officer 01623 457285 as it will be possible to arrange for an Officer to visit you in your home.

Response Notice (form RTB2)

After receiving your completed application form the Council will send you a notice which will advise whether or not you have the Right to Buy.

If your application is refused the Response Notice (RTB2) will set out the reason why.

Under the provisions of the Housing Act 1985 you should receive the Response Notice as follows:

  • within four weeks of the date your Application Form was received by the Council, or
  • within eight weeks if you have been a tenant of Ashfield District Council for less than the qualifying period and you are claiming a tenancy period with another landlord.

Valuation and Section 125 Notice

Once your application to buy has been accepted the Council will arrange for your property to be valued by a local Chartered Surveyor or Estate Agent. The valuation will reflect the open market value of the property at the date your application was received and will discount any improvements to the property you have undertaken as tenant.

Once the Council receives the valuation you will be sent the Section 125 Notice which sets out the following information:

  • a description of the property you are entitled to buy, (including a plan),
  • the valuation of the property,
  • the amount of discount you are entitled to receive,
  • the purchase price of the property after the discount,
  • a description of any structural defects that the Council has been made aware of terms and conditions of the sale,
  • if the property is a flat or maisonette, an estimate of the service charges and repairs/improvement costs that you will have to pay within the first five years of the lease.

The Section 125 Notice should be sent to you within eight weeks of the Response Notice (RTB2) if you are purchasing a freehold (usually a house) or 12 weeks if you are purchasing a leasehold (usually a flat or maisonette).

What to do next?

You will need to arrange any legal or mortgage advice and within 12 weeks of receiving your Section 125 Notice you should inform the Council of whether you will:

  • proceed with the purchase of the property,
  • withdraw your application,
  • appeal against the valuation.

You can advise the Council of your intention by completing the form enclosed with the Section 125 Offer Notice or by advising the Council of your intention in writing.

If you consider that the valuation of your home is incorrect, you can appeal to the District Valuer for an independent valuation. Any appeal must be made within three months of the date of the Section 125 Offer Notice. The District Valuer will arrive at his own determination of the value of your home. This may result in a higher valuation, a lower valuation or the valuation remaining unchanged. You should notify the Council in writing of whether or not you intend to proceed within 12 weeks of the revised offer letter from the Council.

Please arrange your mortgage before accepting the offer. If you accept before you have a mortgage, you will not be able to appeal against the valuation.

Proceeding with the purchase of your home

To proceed with the purchase of the property you will need to notify the Council of the name and address of the solicitor or licensed conveyancer who is acting on your behalf in the purchase of the property. On receipt of this information the Council's solicitor will forward the legal documentation to your legal adviser.

Your legal adviser should be able to advise you on the progress of the sale. However, the Council would anticipate that the transfer of your home should be completed within three months under normal circumstances. The Council may serve notice on you to complete the purchase if you have not completed within a reasonable period.