Applying for Right to Buy

 

If you wish to apply for the Right to Buy, you will need to complete these three forms. 

1. RTB1 Application Form
2. Additional Information Form
3. Property Questionnaire

The additional Information form is used to consider your eligibility for a Right to Buy property. It is used in conjunction with the RTB1 Application Form. The majority of applications are genuine, however given the value of social housing, both in terms of money and the provision of a home to someone in need, it is important we take steps to prevent fraudulent applications.

The Property Questionnaire form provides the Council with additional information specific to your property to progress your application.

As part of our procedure, we ask all applicants to meet with us to check the forms, check personal I.D, show proof of residency and to make sure funds to purchase the property are from a legitimate source.

All forms need to be returned to the Council for us to progress you Right to Buy application. We need to receive all three forms before we progress your application.

Fraud Prevention

To prevent fraud and false applications you will be required to make a declaration. These declarations will confirm the following:

• You grant Babergh and Mid Suffolk Council permission to contact 3rd parties to make any enquiries needed to confirm the information given about your application.
• We may get information about you from others, or we may give information to them. If we do, it will only be as the law permits to check accuracy of information, prevent or detect crime or protect public funds. We may check information we receive about you with information in our records. This can include information provided by you as well as by others such as credit reference agencies, government departments and agencies. 

You will confirm that:

• To the best of your knowledge and belief the information that has been provided on this form is true, complete and correct. You understand it is used in determining your eligibility for the Right to Buy.
• You also understand that if you give false, misleading or incorrect information or you omit information for the purpose of gaining the Right to Buy, it may be regarded as a criminal offence and action could be taken against you including court action and the recovery of property.
• You will let the Council know about any change in my circumstance or joint applicant circumstance that might affect my claim.

The application process

Your right to buy application needs to be dealt with within certain timescales set out by the government. The process is set out step by step below.

Application form received

Firstly we will receive your three application forms:

• the RTB1
• the Additional Information Form
• the property Questionnaire

 

Admittance/denial notice

An RTB2 admittance/denial notice is sent to the tenant within four weeks (eight weeks if you have previously been a tenant of another landlord) of us receiving your application. This notice can only be sent within this timescale when we have received all 3 application forms. If further enquiries or evidence is required this may delay issue of the notice. Please ensure you send all 3 forms fully completed to avoid your application being denied.

If we do not receive all 3 completed forms we will deem your application is incomplete and we will deny your application for the Right to Buy.

 

Offer notice

If your right to buy is admitted, we will contact you to arrange an inspection of your home for the purposes of the valuation.
We then have eight weeks if your property is a house, or twelve weeks if your property is a flat, to send you your section 125 offer notice. This offer notice will describe the property, tell you the price of the property and the discount you are entitled to.

If your property is a flat, the notice will also contain estimates of the service charges and maintenance costs you will have to pay as a leaseholder.

Your offer notice will also contain a structural defects sheet that will detail any structural defects that were noted at the time of inspection. However, please note that we do not carry out a survey of your home - you will have to arrange this yourself.

 

Stating your intentions

Once you have received your offer notice, you have 12 weeks from the date of your offer to inform us of your intentions.
If you wish to purchase the property, you need to return your notice of intention to proceed, giving your solicitors details. We will ask you to reaffirm how you are funding the purchase. If you are applying for a mortgage we will need to see the mortgage offer.

Alternatively, if you wish to withdraw your application you will need to return your withdrawal notice.

 

If you do not reply

If we do not receive a response from you within the 12 weeks stipulated, then you will be issued with a 28 day notice requiring the service of either a notice of intention to proceed or a withdrawal notice.

If you do not reply within the 28 days then your application will be deemed to be withdrawn and your application will be cancelled.

 

Your intention to proceed

When you return your notice of intention to proceed the Council will arrange to visit your property to draw a plan for the conveyance document. Your application will then be passed to our legal team, who will then be dealing with your purchase directly with your solicitor.

We have the discretion to serve a notice to complete your purchase, three months after the section 125 offer notice is issued to you.

If you do not complete the purchase within the time stipulated by the notice, then your application will be withdrawn.