Right to buy
Produced in partnership with Kevin Long of Hackney Community Law Centre
Right to buy

The following Local Government practice note produced in partnership with Kevin Long of Hackney Community Law Centre provides comprehensive and up to date legal information covering:

  • Right to buy
  • Scope of the right to buy
  • England
  • Wales
  • What is the right to buy?
  • Eligible tenants
  • Preserved right to buy (RTB)
  • Right to acquire
  • Qualification
  • Exceptions
  • More...

Scope of the right to buy

England

The Right to Buy (RTB) scheme operates in England under provisions in the Housing Act 1985.

Wales

The RTB (including the Preserved Right to Buy) and Right to Acquire were abolished in Wales on 26 January 2019 under section 6 Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 and Article 2 of Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Commencement and Saving Provisions) Order 2018, SI 2018/100. See: LNB News 30/01/2018 82.

What is the right to buy?

The RTB scheme gives eligible secure tenants the statutory right to buy their property at a discount. Subject to conditions a secure tenant in England has the right to buy the freehold of their house or the lease of their flat (or leasehold house). The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 abolished the right to buy and the right to acquire in Wales from 26 January 2019.

The Ministry of Housing, Communities and Local Government (MHCLG) has published a useful summary of the law for prospective RTB tenants:

Eligible tenants

The RTB applies to all secure tenancies, subject to exceptions (see below).

Preserved right to buy (RTB)

Where the secure tenancy is transferred to a body that does not meet the landlord condition (under section 80 of the Housing Act 1985 (HA 1985))

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