Query re Right To Buy

mollygrub

hello, I have a question I hope someone can help with. I purchased a house in 2003 under RTB scheme and received a discount at the time of 35% equating to 23,100.  I lived there for 3years and sold it and subsequently repaid 29,200 back to council as I had left before the 5 years. 
I am now in another council property after sadly a nasty divorce and have 9years of being a tenant and am hoping to buy this home under RTB scheme. The issue is no one seems to know what happens re the original discount I paid back in 2006.
The original council from 2003 say I cannot have another RTB discount but my new council think that, as I paid it back it is ok. Originally my present council had given me the figures for my current home and subtracted the 23,100 off it. Luckily I remembered that I had in fact repaid this discount plus more as the value had increased hence paying 29k back!
Anyone have any thoughts? I really would love to know if I am in fact eligible for this discount on my new house as the council don't know which worries me.....

Kindest wishes 

MovingForwards

https://www.gov.uk/government/publications/your-right-to-buy-your-home-summary--2/right-to-buy-summary-booklet

8D seems to indicate you can buy again.

Norman_Castle

You can have a second rtb but the discount given on the first rtb is taken from the discount on the second. If the discount on the 2nd is 50k based on years etc but you received a £40k discount on the first rtb your discount will be 50-40=10k. Hope that makes sense.

Your question is how is your previous discount measured as you paid an amount back. Try asking here, https://righttobuy.gov.uk/agent-service/

mollygrub

Thanks both for info! So. If I paid back the original discount in its entirety as the value of the house had risen does that wipe it out for the potential 2nd RTB discount? 
Originally I was advised I had to repay the whole 23100 despite having paid the increased amount of 29k??

Norman_Castle

The discount and repayment will be a proportion of the value at the time of purchase and then sale. The 29k you repaid reflects the increase in the value of the property, it doesn't repay the initial discount.

https://www.gov.uk/right-to-buy-buying-your-council-home/selling-your-home

"Paying back your discount

You’ll have to pay back some or all of the discount you got if you sell your Right to Buy home within 5 years of buying it.

You’ll have to pay back all of the discount if you sell within the first year. After that, the total amount you pay back reduces to:

• 80% of the discount in the second year
• 60% of the discount in the third year
• 40% of the discount in the fourth year
• 20% of the discount in the fifth year

The amount you pay back depends on the value of your home when you sell it.

Example You bought your home worth £100,000 and got a 40% discount (£40,000). You then sold your home after 18 months for £120,000.

40% of £120,000 is £48,000. As you’re in the second year, you would repay 80% of £48,000 (£38,400)."

The question is, as you have paid back a percentage of the first rtb discount is that taken into account when the discount for the second rtb is adjusted to account for your first discount? Keep in mind, its always a percentage of the sale values and not a monetary amount. If you've repaid 60% of the discount (sale after third year) is that 60% disregarded for the second discount?

This is my unqualified understanding, have you asked here? https://righttobuy.gov.uk/agent-service/

mollygrub

I have asked the Rtb in your message and its still not clear even with their input!

Norman_Castle

http://buyingacouncilhouse.co.uk/wp-content/uploads/2017/04/RTB-1.pdf

RTB-1 form. Page 8. Part D

"Part D Previous discountNote:You may get a lower discount if you purchased through Right to Buy on another home (or a different government scheme). The amount of your previous discount, less any amount repaid, will be taken into account when determining the discount value for your current purchase."

Council landlords and I would have expected the rtb advisers should have government guidance or notes explaining how to calculate the discount in your situation.

mollygrub

So grateful to you for taking the time to reply. Let's hope they can update me soon from the council as it makes potentially the difference between us purchasing or not....