Q&As

Is a council required by law to ensure that relevant tenancy checks (to establish that a property is the applicant’s only or main home) are carried out before serving a notice pursuant to section 125 of the Housing Act 1985 in respect of a right to buy application, given the problems with visiting a property during the current coronavirus (COVID-19) pandemic?

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Published on LexisPSL on 05/05/2020

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Is a council required by law to ensure that relevant tenancy checks (to establish that a property is the applicant’s only or main home) are carried out before serving a notice pursuant to section 125 of the Housing Act 1985 in respect of a right to buy application, given the problems with visiting a property during the current coronavirus (COVID-19) pandemic?

A local authority is required to ensure that relevant tenancy checks are completed before they can serve notice in respect of a right to buy (RTB) application. However, how this verification is carried is not mandated by legislation or guidance and is a matter for each local authority to determine to ensure that fraudulent or ineligible applications are identified and rejected promptly.

For the tenant to satisfy eligibility conditions, they must:

  1. be an individual, who occupies the dwelling house as their only or principal home, as set out in section 81 of the Housing Act 1985 (HA 1985). For more information, see Practice Note: The tenancy condition

  2. not be subject to any exceptions relating to the property itself. Usually, where the property is specifically excluded from the right to buy scheme as set

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