You are eligible to apply to buy your council home if you:

• You are over 18 years old.
• Are a council tenant with a secure tenancy agreement.
• The property is your only and principal home.
• You must have been a council or housing association tenant for at least 3 years (This doesn't have to be continuous or in the same property)

You may not have the right to buy if you have:

• An introductory tenancy agreement or live in homeless accommodation.
• A possession order against you, have broken the terms of a suspended possession order or have an application pending.
• Have been declared bankrupt or are waiting to hear the outcome of a bankruptcy petition against you.
• Have informal or formal arrangements with creditors (people or organisations you owe money to) and you still owe them money)
• A property that was specifically provided for occupation of older people (over 60’s or sheltered/extra care housing)
• A property that has been specifically provided for disabled people (in certain cases)

Who can join the Right to Buy?  

If you qualify for the right to buy, you can buy your home jointly with up to 3 family members who have lived in your council home for at least the last 12 months.

Where a tenancy is issued in joint names, all tenants must be named and must sign the RTB1. Only one of the joint tenants must be living at the property as their only or principal home.

In order for a family member to exercise their right to join the Right to Buy, they must satisfy all 4 of the following requirements:

1. They must be a relevant family member who are specified as:

• The spouse or civil partner of the tenant; or the tenant and that person live together as if they were husband and wife or civil partners
• The tenant’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, or niece

2. They must live at the property as their only or principal home.

3. Are over the age of 18

4. They need to have been living at the property for 12 months immediately preceding the date of application, except in the case of spouses or civil partners. Evidence of residence must be provided for family members.

You can see if you qualify using the following link Eligibility - Own Your Home - Own Your Home 

Owning your own home can be costly and can come with additional costs you may not have considered so you need to work out whether you can afford it.

One-off costs

This includes solicitor's fees, stamp duty, survey fees and mortgage fees. 

Ongoing costs

If you are purchasing the freehold, you will be liable for your monthly mortgage instalments and ongoing maintenance and repairs to your property. If you are purchasing the leasehold, you will be liable for your monthly mortgage instalments, annual service charge costs, major works and estate improvement contributions and extending your lease (when required).

What are service charges and Major works?

Under the terms of the lease, leaseholders must pay a share of the council’s costs of carrying out \work and providing services to your building and estate. You do this by paying service charges. You cannot opt out of paying these charges. You will need to pay them every year you are a leaseholder. You can find out more about your rights and responsibilities and those of Winchester City Council in the lease agreement.

Major works

Leaseholders are also required to pay towards the cost of major works to your building. These works include but are not inclusive off: replacement of windows, roof replacement, structural repairs, internal/external painting and any repairs/improvements to communal areas, building or estate.

The maximum discount amount ,set by the Government, that can be applied to either freehold or leasehold properties in England is £38,000 in the Winchester area for applications received on or after 21^st November 2024. Before this date, the maximum discount was £102,400.. Discounts cannot be applied retrospectively.

In the event that the Council has spent money in building or acquiring your home your discount will be less.  In such cases a 'Cost Floor' rule will apply, see below for further details:

• If the Council spent money building or acquiring your home before April 2012 then a 10 year cost floor will apply from the build or acquisition date
• If the Council spend money building or acquiring your home after April 2012 then a 30 year cost floor will apply from the build or acquisition date

How is it calculated?

The amount of discount you get depends on:

• How long you have been a council tenant (you can include time you have lived in different properties and with different public sector landlords)
• Whether the property is a house or a flat
• The age and condition of the property

Use the Right to Buy calculator to find out how much discount you could get.

If you want to apply for the Right to Buy you will need to follow these steps.

1. Complete your application

 If you think you are eligible, you can apply now by completing both application forms:

• Right to Buy (RTB1) application form
• Eligibility form ^{(docx, 247kb)}

After completing and signing the forms, send them to us along with proof of identity for all applicants (such as a colour photo of a passport or driving licence), current council tax bill and 3 months bank statements (incl. savings, ISA’s or business accounts). You can email your documents to homeownership@winchester.gov.uk

2. Assessment of your application

You will be invited to attend a Right to Buy interview by a member of the Homeownership Team. This may be in the City Offices or at your home. The council must exercise due diligence and confirm, under the legislation, your identity, residency status and explain the full application process and any likely costs you may face as a potential new homeowner.

We will then issue our decision to approve or deny your application by post. This can take up to 28 days or longer if you have not provided all the information we require to assess your application.

3. Valuation of your home

Once we have accepted your application to purchase your home, the property must be valued. We will arrange for a property survey by a RICS (Royal Institute of Chartered Surveyors) qualified independent external valuer. They will phone or write to you with an appointment time and date.

4. Landlord’s offer

We will issue you with your Landlord’s Offer (Section 125) notice. This will give you the valuation and the purchase price after discount.

Please be aware that if you have carried out improvements to your property, these will not be included in the valuation of the property. The reason for this is because the improvements could increase the value of the property, so you do not want to have to pay for them twice!

The Section 125 notice is a very important document. You should read it very carefully and seek advice if you are not clear about anything. You have 3 months to either accept the offer, withdraw your application or request a valuation by the District Valuer. You can do this using a Section 125D form, which will be enclosed with the Section 125 notice.

What if I disagree with the landlord’s offer?

If you think the market value of your property has been valued too high or incorrectly, you must indicate on the Section 125D form that you request an independent valuation to be carried out. This form must be returned to us within 3 months of receiving the offer.

A district valuer from HM Revenue and Customs (HMRC) will inspect your home to determine the value of the property and send their report to you and your landlord. However, bear in mind that this new valuation is binding on both the landlord and you even if the valuation is higher than the one from your landlord.

We will then submit a new (revised) offer to you and you will have 3 months to accept the valuation and proceed with the purchase or pull out of the sale.

If you still disagree with the valuation, you can only request a review if there has been a significant factual error, or the District Valuer did not consider information provided by you or your landlord.

5. Accepting the offer

Once you have accepted the offer, we will pass your application and associated documents to our legal services department with instructions to proceed with the sale.

• You will need to appoint a solicitor or conveyancer to deal with the legal aspects of your purchase.
• You should organise the funding or mortgage arrangements and get an independent survey from a qualified surveyor if you’ve not done so already.

6. Completion

Our legal services department will draft the necessary legal documents which will be sent to your solicitor for approval. Once the documentation is approved and mortgage arrangements are in place, your solicitors will agree a completion date with our legal department.

What happens next?

If you have purchased the freehold rights to your property, then your rent payments to the council will cease the day before completion. If you have a credit on your account, then we will refund the balance. Any arrears must be cleared in full prior to completion. You will then be responsible for paying your mortgage, arranging buildings and contents insurance and for the upkeep and ongoing costs of repairing and maintaining your home. 

If you have purchased the leasehold rights to your property, then your rent and service charge costs (as a tenant) will cease the day before completion. The Homeownership Team will then contact you by letter providing you with your first annual estimated leasehold service charge bill, fire safety information for your building, buildings insurance schedule, new direct debit mandate to pay your charges and a leaseholder information record. Visit our homeownership webpage for more information on what to expect as a leaseholder. For more information for leaseholders click here.

The Government has appointed a Right to Buy agent service. It provides free advice at any stage of the purchase and will also help you avoid hidden fees.

If you are a tenant and you want general advice on buying your council home, please contact the government’s Right to Buy agent:

Right to Buy - Right to Buy Advisers  Contact an agent - Own Your Home - Own Your Home

Tel: 0300 123 0913

Money Advice Service

The Money Advice Service offers free, impartial advice about money, including buying a home and taking out a mortgage.

https://www.moneyadviceservice.org.uk/

Tel: 0300 500 5000

You can also get advice on Right to Buy from:

The Right to Buy website Own Your Home | Right to Buy Scheme - Own Your Home

Citizens Advice

Shelter

Your local Law Centre

Will I need a deposit?

Many lenders will take the discount as a deposit, although some will not. You might want to talk to a mortgage lender / broker or an Independent Financial Adviser to find a mortgage that best suits your needs – always check costs before you appoint anyone.

Can I buy my home if I am in receipt of benefits?

Being on benefits doesn’t affect your legal Right to Buy but you will need to make sure you can afford your monthly repayments. Being a homeowner may affect your benefits. For example you won’t be eligible for housing benefit or universal credit (housing element) if you become a homeowner. So take time to work out all the costs involved. For more advice contact the Benefits Agency, Citizens Advice Bureau or Money Advice Service.

Can you tell me how much my property is worth before I apply?

No, to give a fair and accurate valuation, you will need to have the property properly valued by the Council. If we accept your application, we will arrange for a RICS qualified external valuer to assess the market value. If you are unsure whether you can afford to buy the property, you can obtain a “rough” estimated value of your property from websites such as  Zoopla or Rightmove or you can ask a local estate agent to provide a estimated valuation. Please do not submit an application just to obtain a valuation of your property.

How long will it take for the Council to value the property?

The valuation is usually carried out within four to six weeks of when we receive your application. However, because of the various legal procedures which must take place, it is usually another four to six weeks before a written valuation can be sent to you.

Do I have to pay for the valuation?

No, there is no charge for the valuation or any other processes which we have to carry out. However, you must pay solicitor and valuation fees when you arrange a mortgage ,if applicable.

Can you include tenancies with other landlords?

Yes, we can consider most tenancies you have had with other local authorities, housing association and other public sector Landlords.

What can I do if there are delays with my RTB application?

If you believe we have in some way delayed the process, you can use the delay procedures prescribed in legislation.

There are statutory timescales set for the first two stages in a Right to Buy sale where the delay process may become relevant:

1. The Section 124 notice (RTB2) telling you whether or not you have the Right to Buy within 4 weeks of receiving your application or within 8 weeks if you have not been our tenant for the full qualifying period.

2. The Section 125 offer notice which gives you the purchase price and the terms and conditions of sale. The statutory timescale allowed for this is 8 weeks for a freehold property and 12 weeks for a leasehold property, from the date the RTB2 was served.

3. There is no set time limit for the council to complete the sale, however you can use the delay procedure if you think we are unreasonably holding up the purchase. More information on the delay procedure can be found at  Right to Buy: buying your council home: Delays - GOV.UK (www.gov.uk)

Can I make structural alterations to my home?

If you have purchased a flat/maisonette you will not be permitted under the terms of the lease to carry out structural alterations to your home. However cosmetic alterations such as a new kitchen/bathroom, decorating, flooring, landscaping (if you own your garden) and non-structural alterations are permitted and do not require our consent. We advise that you check with the council and your lease, before carrying out any alterations to your home.    

If you have purchased the freehold interest to your property then your deed of covenant, a type of contractual promise concerning land, will detail any restrictions imposed on the property. Examples of restrictions may include but are not limited to: disallowing certain types of businesses to be run from the property, building on or extending certain parts of the property or land (even if the council were to grant planning permission to do so), keeping livestock, prohibiting nuisance or excessive noise.

Can I sell the property I have bought?

If you sell the home you bought from the council under the Right to Buy within the first 5 years, you will have to pay the council a percentage of the re-sale value of your home (less the value of any improvements you have made to your home).

You’ll have to pay back all the discount if you sell within the first year. After that, the total amount you pay back reduces to:

• 80% of the discount in the second year
• 60% of the discount in the third year
• 40% of the discount in the fourth year
• 20% of the discount in the fifth year

The amount you pay back depends on the value of your home when you sell it.

If you want to sell your home within 10 years of buying it, you must offer it back to the council first. This is known as the right of first refusal.