Q&As

If a local authority has a secure tenant that has likely acquired the ‘right to buy’, is the local authority under any obligation to offer the property first to the tenant prior to selling the freehold on an open market?

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Produced in partnership with Alex Campbell of Field Court Chambers
Published on LexisPSL on 13/11/2018

The following Property Q&A produced in partnership with Alex Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • If a local authority has a secure tenant that has likely acquired the ‘right to buy’, is the local authority under any obligation to offer the property first to the tenant prior to selling the freehold on an open market?
  • The right to buy
  • Exercising the right to buy

The right to buy

The Housing Act 1985 (HA 1985) grants secure tenants the right in certain circumstances to acquire the freehold of a house they live in or to be granted a lease of it. Where a secure tenant meets the conditions for acquiring the freehold or being granted a lease, they are said to have the ‘right to buy’.

Exercising the right to buy

Where a tenant considers that they meet the conditions for having the right to buy the property which they rent from the local authority, they exercise that right by serving written notice on the local authority: this is provided for by HA 1985, s 122.

Thereafter, the local authority landlord must serve a written notice on the tenant either admitting that the tenant has the right to buy or denying that the tenant has the right to buy (and, if the local authority denies that

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