PRTB Discount

restless6

Cakeguts wrote: »

The property you transferred from.



1 Did you have a secure tenancy or an assured one?


2 Did you transfer from a council owned property to another council owned property or was the original property owned by a housing association?


I think there may be a difference you see if you transfer from a housing association property to a now owned housing association property that used to be a council owned property. Meaning that you have never actually had a tenancy of a council owned property only of a housing association property.

My original house of two years was HA.
I exchanged to a council property which several years later became a HA which is why I had the PRTB.
I had a secure tenancy in my council property.

Cakeguts

restless6 wrote: »

My original house of two years was HA.
I exchanged to a council property which several years later became a HA which is why I had the PRTB.
I had a secure tenancy in my council property.

So you had PRTB because the house you transferred to was still owned by the council when you went to live in it. I don't think the same rules apply if you transfer from an HA property to another HA property. Even if the second one used to be a council property if it owned by an HA when you transfer to it I can't see how you can have PRTB because for that you have to have been living in a council property before ownership is transferred to the HA?



I am not sure but I think that the problem that the OP has is down to something that has gone wrong with the tenancy that they have. My understanding of RTB which isn't very much I admit is that the RTB is "owned" by the tenant and not by the tenancy?

restless6

Cakeguts wrote: »

So you had PRTB because the house you transferred to was still owned by the council when you went to live in it. I don't think the same rules apply if you transfer from an HA property to another HA property. Even if the second one used to be a council property if it owned by an HA when you transfer to it I can't see how you can have PRTB because for that you have to have been living in a council property before ownership is transferred to the HA?



I am not sure but I think that the problem that the OP has is down to something that has gone wrong with the tenancy that they have. My understanding of RTB which isn't very much I admit is that the RTB is "owned" by the tenant and not by the tenancy?

Yes that was always my understanding too.
It sounds like the OP has been misinformed at some point .

Burkep

It won’t let me quote on my phone for some reason . This is what they are claiming that I was Misinformed however this doesn’t explain how I have already executed and been granted right to buy once on this property and also how I have possession of this tenancy ? Everything I can locate on line advises the tenancy stays with the property and not the tenant however what you are saying does make more sense to me I just don’t seem to be able to get a response as to how I have been granted RTB once already and how I have a tenancy that states I have it

Cakeguts

Burkep wrote: »

It won’t let me quote on my phone for some reason . This is what they are claiming that I was Misinformed however this doesn’t explain how I have already executed and been granted right to buy once on this property and also how I have possession of this tenancy ? Everything I can locate on line advises the tenancy stays with the property and not the tenant however what you are saying does make more sense to me I just don’t seem to be able to get a response as to how I have been granted RTB once already and how I have a tenancy that states I have it

All I would say is that if HA has made a mistake on your tenancy it is also possible that they made a mistake giving you the RTB when they did. It may have been something to do with the fact that the person granting you the right to buy didn't realise that you transferred to the house from another HA owned property. They may have thought that you had transferred your own RTB from you HA property when it was previously owned by the council and not realised that you didn't have it because both properties were owned by an HA when you rented them.



I can see how it could have happened because the HA you are trying to use RTB with may have assumed that you knew that you wouldn't get it. People make mistakes all the time.

Burkep

Cakeguts wrote: »

All I would say is that if HA has made a mistake on your tenancy it is also possible that they made a mistake giving you the RTB when they did. Some councils have great difficulty getting anything right.

This is very true, quite a large mistake to make though and so far they have not advised I have the wrong tenancy just that I don't have the PRTB as stated on my tenancy.
What Is more confusing is even on their own home page it says when you mutual exchange you need to check the rights on the tenancy you will take over as they may vary from the ones you currently have so everything points to the fact that I have the correct tenancy as I took over the tenancy of the property I moved into !
God knows ha ha I appear to be fighting a losing battle .. at the end of the day in effect I have lost nothing as prior to my exchange I didn't have right to buy as my original tenancy started in 2009 when right to buy had been abolished however it is somewhat annoying when you work towards something and then actually go to do it to just be fobbed off with you have been misled !! hey ho life goes on

Burkep

Cakeguts wrote: »

All I would say is that if HA has made a mistake on your tenancy it is also possible that they made a mistake giving you the RTB when they did. It may have been something to do with the fact that the person granting you the right to buy didn't realise that you transferred to the house from another HA owned property. They may have thought that you had transferred your own RTB from you HA property when it was previously owned by the council and not realised that you didn't have it because both properties were owned by an HA when you rented them.



I can see how it could have happened because the HA you are trying to use RTB with may have assumed that you knew that you wouldn't get it. People make mistakes all the time.

Its not just me though I could understand this more if it was, I have an ex work colleague that has exchanged with an ex council tenant and been advised of the same. the lady dealing with me also advised she has three other people in the same position as I am, I just find it somewhat difficult to believe that so many members of the Housing Association all have this wrong and hope that now it has been brought to light they stop telling other people this incorrect advice !

Cakeguts

I am just wondering if when your ex council house was transferred to an HA the same people manage the tenancies who managed the council tenancies? I know it shouldn't happen but could it be that those people working in housing aren't getting the transfers instead of the completely new tenancies correct.



I don't work for a council or know much about this but I can't understand how an HA can give a tenant a council house type tenancy for an HA property when that tenant has never lived in a council owned property. I have just looked this up and on the government website it says that HA tenancies are Assured Tenancies that can last for you whole life. Council house tenancies are the government website says Secure Tenancies. You say that your tenancy is a Secure tenancy but I can't see how a housing association could have assigned one because they don't have secure tenancies?


You will have to ask the HA what has gone wrong and when.

Burkep

Cakeguts wrote: »

I am just wondering if when your ex council house was transferred to an HA the same people manage the tenancies who managed the council tenancies? I know it shouldn't happen but could it be that those people working in housing aren't getting the transfers instead of the completely new tenancies correct.



I don't work for a council or know much about this but I can't understand how an HA can give a tenant a council house type tenancy for an HA property when that tenant has never lived in a council owned property. I have just looked this up and on the government website it says that HA tenancies are Assured Tenancies that can last for you whole life. Council house tenancies are the government website says Secure Tenancies. You say that your tenancy is a Secure tenancy but I can't see how a housing association could have assigned one because they don't have secure tenancies?


You will have to ask the HA what has gone wrong and when.

Well this is the question I appear unable to get an answer to or how I have it in writing in my tenancy that I have the preserved right to buy yet am not allowed it and don’t have it so I suppose once I get a valid answer to this question things may become more clear . It isn’t just me that this has happened to which is the only thing that leads me to believe it is not just a mistake on someone’s behalf it seems more to be that the housing officers on completing mutual exchanges are providing the tenants that are then moving into the properties on the secure tenancies the incorrect information and advice. On completing my right to buy 4 years ago I clearly wrote on it all about the exchange of houses and how I had come to get the right to buy in the first place as I would not originally have had it from my own tenancy starting in 2009 . Anyway thanks for assisting me I figured someone may have been in a similar situation before or at the moment but it seems either not or they are and don’t post on forums :-)