Q&As

What remedies does the council have for a purchaser failing to adhere to timescales under the right to buy legislation? What are the timescales for the buyer to adhere to in respect of any notices served by the council?

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Produced in partnership with Elizabeth England of 42 Bedford Row
Published on LexisPSL on 13/12/2016

The following Local Government Q&A produced in partnership with Elizabeth England of 42 Bedford Row provides comprehensive and up to date legal information covering:

  • What remedies does the council have for a purchaser failing to adhere to timescales under the right to buy legislation? What are the timescales for the buyer to adhere to in respect of any notices served by the council?
  • The procedure
  • What if the timescales are not adhered to?

Secure or flexible tenants have the ‘right to buy’ their homes at a discount after they have spent a specified time as a public sector tenant. This is subject to a 3-year qualifying period, and may be subject to sanctions if the tenant has been guilty of anti-social behaviour or a possession order has been made.

The relevant statute is the Housing Act 1985 (HA 1985).

The procedure

  1. the tenant serves notice under HA 1985, s 122 (s 122 notice) claiming to exercise the right to buy. This can be withdrawn by the tenant at any time. The notice must be in the form prescribed by the Housing (Right to Buy) (Prescribed Forms) Regulations 1986, SI 1986/2194

  2. within four weeks of the tenant’s s 122 notice, the landlord must serve a notice on the tenant to either admit or deny the tenant's right to buy pursuant to HA 1985, s 124 (s 124 notice). The notice must be in the form prescribed by SI 1986/2194

  3. if the right to buy is admitted, within eight weeks of the s 124 notice, the landlord must serve an offer notice under HA 1985, s 125 specifying the purchas

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