Q&As

A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred solely into Party B’s name. Under the right to buy scheme, would Party B need to wait three years from the date of the property adjustment order, or three years from the date of the original tenancy agreement? Would the position change if the first year of the original tenancy was an introductory tenancy?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 29/08/2019

The following Local Government Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred solely into Party B’s name. Under the right to buy scheme, would Party B need to wait three years from the date of the property adjustment order, or three years from the date of the original tenancy agreement? Would the position change if the first year of the original tenancy was an introductory tenancy?

The right to buy scheme enables most council tenants to buy their council home at a discount, provided they are a secure tenant, it is their only or main home, and the property is self-contained. The other key requirement is that the prospective purchaser must have been a public sector tenant for three years. The amount of discount the tenant receives will depend on how long they have been a tenant, the type of property that is being purchased, and the value of the property .

If, in the scenario of this query, Party A’s tenancy was transferred from his or her sole name into joint names, then the discount would be calculated on the basis of the number of years that Party A had been a tenant.

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