Have we got the right to buy???

roz84

Hi, hoping someone can help! My husband and I recently moved to a new home by way of a mutual exchange. The other tenant had been in the house for 16 or so years, I have been a tenant for 9. She had the preserved right to buy on the property and it was my understanding that we have swapped into each others tenancies i.e we have taken on her tenancy with the preserved rights and she now has taken on mine which does not have right to buy, only right to acquire.

After moving I rang the housing association and asked for a copy of the tenancy agreement, the one they sent was the one for preserved rights tenants. I rang them today to ask if we do have right to buy and the lady on the phone was adamant that we don't and that we still only have right to acquire - this has left me very confused so some sound advice from someone would be very much appreciated!

TBagpuss

Her tenancy will have ended and you will have started a new tenancy, so it is highly unlikely that you would have gained her right to buy.

Vectis

Scrootum wrote: »

You have a total right to buy any house on the open market.

Really? What if the vendor doesn't want to sell to you?

gazfocus

Vectis wrote: »

Really? What if the vendor doesn't want to sell to you?

the clue is in the words 'open' and 'market'.

roz84

Thanks for the 'helpful' replies guys. FYI re buying on the open market - there are lots of second homes where we live and the prices are well above national average. My husband and I both work full time however, you've guessed it, don't earn enough to afford a mortgage anywhere within about 100 miles. So please, don't judge before you know the facts. I was just asking an honest question and hoping to get some sensible advice back. Cheers.

pmlindyloo

Your right to buy will depend on the kind of tenancy you have/had and your council's 'rules'.


If you are unhappy with the council's answer then I suggest you give Shelter a call with all your paperwork at hand and ask for their advice.

ash28

roz84 wrote: »

Hi, hoping someone can help! My husband and I recently moved to a new home by way of a mutual exchange. The other tenant had been in the house for 16 or so years, I have been a tenant for 9. She had the preserved right to buy on the property and it was my understanding that we have swapped into each others tenancies i.e we have taken on her tenancy with the preserved rights and she now has taken on mine which does not have right to buy, only right to acquire.

After moving I rang the housing association and asked for a copy of the tenancy agreement, the one they sent was the one for preserved rights tenants. I rang them today to ask if we do have right to buy and the lady on the phone was adamant that we don't and that we still only have right to acquire - this has left me very confused so some sound advice from someone would be very much appreciated!

You will have the same type of tenancy as the previous tenant but not their Preserved Right to Buy.....that goes with the previous tenant if they are staying with the same landlord....if they change landlords then they would normally lose the preserved rights.

Preserved Right to Buy is tenant specific, the previous tenant was a secure council tenant with a Right to Buy at the time the council transferred the housing - so it transfered her existing Right to buy to the new landlord. The Preserved Right to Buy belongs to the previous tenant.