Right to buy - defective dwelling

Reggie60

Hi, I was looking for some advice. I applied for the right to buy from the council & I had a letter back to say it is a defective dwelling.
My main issue with this is I moved out for a number of months living in a nearly uninhabitable house while the house im asking to buy was rebuilt from the bottom up (the roof is still the same one) Was this an unnecessary exercise if they are saying it is still a defective dwelling?
I feel I have been 'cheated' out of my right to buy as it appears I may not be able to get a mortgage on my home because it's classed as defective. Surely this isn't fair? With house prices the way they are, this is my only chance to buy my own home, I wanted something to leave to my children, so I feel it's unfair on them also.
Does anyone know any rights I might have under the right to buy scheme if I need a mortgage to buy but my house is unmortgageable, therefore being unable to exercise my right to buy?? Thank you

davidmcn

Your right is to buy the property you're renting. Luck of the draw I'm afraid if it turns out to be one which is less desirable to own/lend against. Though presumably it makes it cheaper?

Are you sure it's actually unmortgageable? If you tell us the method of construction people may be able to give you a better idea of whether any lenders will consider it. What have neighbours done?

Tom99

If you think it has been repaired can you apply for a PRC Certificate? This may be expensive but the only way if the Council will not issue a certificate even though they are the ones having done the repair.

Is there any way of finding out what repair was carried out by the council to help you get a certificate?

[Deleted User]

Reggie60 wrote: »

Does anyone know any rights I might have under the right to buy scheme if I need a mortgage to buy but my house is unmortgageable, therefore being unable to exercise my right to buy?? Thank you

What sort of rights are you expecting?

Compensation or the ability to move to an alternative council house that is mortgageable?

Or the right to continue to rent social housing so your family and you (and other people) have a place to live who would struggle otherwise? Social housing shouldn't really be considered a thing to make money out of - it should always be considered a home. That is all the council has a duty to provide.., a home for people in need, not an investment opportunity lol.

If you want to leave something to your children, study/train, improve your life chances and invest the extra earnings. It is an option. Not everything you leave your children should be financial.

Norman_Castle

A newbie who's not happy about his rtb. "I wanted something to leave to my children, so I feel it's unfair on them also."
It is unfair. Your troll children deserve their inheritance.

Davesnave

Reggie60 wrote: »

My main issue with this is I moved out for a number of months living in a nearly uninhabitable house while the house im asking to buy was rebuilt from the bottom up (the roof is still the same one) Was this an unnecessary exercise if they are saying it is still a defective dwelling?

How long ago was that?

It was probably not an unneccessary exercise, but more likely an expedient measure to prevent the house become unsafe and requiring immediate demolition. The house is still there and you are still living in it, so it obviously staved-off the problem for some time.

That time may not belong enough for mortgage lenders, however.

Is it unfair? No, it's unlucky. However, you are still lucky enough to have security of tenure in the house for as long as it stands. That's still pretty good IMO.

teneighty

The OP needs to do more research.

What type of house is/was it? Each one had a name, Cornish, Woolaway, Reema, Airey etc. I'm assuming one of the non-traditional system built houses that were designated as being defective. There are lots of different types and some are worse than others and some are still mortgageable.

What building work was done? Was it a complete replacement of all the external walls? Or was it just major structural repair of the wall framing, concrete, steel etc. or was it just superficial cosmetic cladding etc? As others have said certain certified repairs might make the house mortgageable.

Once you have the answers to those questions you will be able to find out if you can get a mortgage on the house.

[Deleted User]

I would phone whatever number is on the letter and ask them to define 'defective building'. You need more details of what the problem is.

lincroft1710

Reggie60 wrote: »

Hi, I was looking for some advice.

Find another forum, it might not be as informative or truthful as this one, but it may offer tea and sympathy

I applied for the right to buy from the council & I had a letter back to say it is a defective dwelling.
My main issue with this is I moved out for a number of months living in a nearly uninhabitable house while the house im asking to buy was rebuilt from the bottom up (the roof is still the same one) Was this an unnecessary exercise if they are saying it is still a defective dwelling?

Councils have a duty to keep their housing stock safe and in good repair

I feel I have been 'cheated' out of my right to buy as it appears I may not be able to get a mortgage on my home because it's classed as defective. Surely this isn't fair?

Fair? Fair? The purpose of RTB was to allow council tenants the right to buy their home should they wish, it was not to provide tenants with a solid investment should they decide to purchase.
Even if it is not "fair", what do you expect the council to do? Unfair does not equate to a situation contrary to the legislation

With house prices the way they are, this is my only chance to buy my own home, I wanted something to leave to my children, so I feel it's unfair on them also.

Your children being denied the opportunity to inherit property which you could have acquired by exercising your right to buy is strangely absent from any RTB legislation. It is not in a council's remit to facilitate inheritances for its tenants' children. Also if you own your home and in old age you cannot look after yourself and have to be admitted to a care or nursing home or similar, your home can be sold to meet the cost of those fees


Does anyone know any rights I might have under the right to buy scheme if I need a mortgage to buy but my house is unmortgageable, therefore being unable to exercise my right to buy?? Thank you

What "rights" would you be expecting? The right to have your tenancy transferred to a non-defective dwelling so you could buy that and remove a perfectly good house from the council housing stock?

.........................

Cakeguts

You just happen to live in one of the council houses that can't be bought under the right to buy scheme. There are some like this. You can still carry on living there though for the rest of your life so you haven't actually lost somewhere to live.

If you are desperate to buy something start saving now and buy a retirement home. These are much cheaper than other homes because of the age restriction.