Preserved Right to Buy

OTS6698

As far as I know the flats we lived in were owned by Liverpool City Council at the point of demolition. I think the best plan is to make the RTB application and see what Riversides response is. If they reject on the basis I’d Mum doesn’t have a RTB, then this might be one for a solicitor to look into and see where that goes. 

sammyjammy

GDB2222 said:

sammyjammy said:

Why would your mum want to buy the property at this stage of her life?

Why do people ask these questions? Is someone really not allowed to ask a question without having to justify their motives? 

GDB2222 said:

sammyjammy said:

Why would your mum want to buy the property at this stage of her life?

Why do people ask these questions? Is someone really not allowed to ask a question without having to justify their motives? 

I wasn't suggesting anybody justify anything, the question was being asked on behalf of a third party, the OPs elderly parent.  Swapping a secure tenancy with the trials and tribulations of home ownership is a reasonable query.  OP is free to ignore.

tinytiddles

OTS6698 said:

As far as I know the flats we lived in were owned by Liverpool City Council at the point of demolition. I think the best plan is to make the RTB application and see what Riversides response is. If they reject on the basis I’d Mum doesn’t have a RTB, then this might be one for a solicitor to look into and see where that goes. 

OK - in that case if she moved from a Council to a Housing Association tenancy when she moved home then she no longer has the Right to Buy - only the Right to Acquire as long as she has been there long enough. Sorry this isn’t the answer you want but unfortunately it would appear that Riverside are giving you the correct information. You only retain the RTB if the home itself transfers from a Council to HA which is known as the Preserved Right to Buy (not the tenancy or person) or if you move from a Council home to another Council home. Housing Associations and Councils work under different rules and HAs are actually private businesses albeit not for profit, so the RTB doesn’t apply. By all means take legal advice but they are very likely to tell you the same thing. 

Shaztastic3000

tinytiddles said:

OTS6698 said:

As far as I know the flats we lived in were owned by Liverpool City Council at the point of demolition. I think the best plan is to make the RTB application and see what Riversides response is. If they reject on the basis I’d Mum doesn’t have a RTB, then this might be one for a solicitor to look into and see where that goes. 

OK - in that case if she moved from a Council to a Housing Association tenancy when she moved home then she no longer has the Right to Buy - only the Right to Acquire as long as she has been there long enough. Sorry this isn’t the answer you want but unfortunately it would appear that Riverside are giving you the correct information. You only retain the RTB if the home itself transfers from a Council to HA which is known as the Preserved Right to Buy (not the tenancy or person) or if you move from a Council home to another Council home. Housing Associations and Councils work under different rules and HAs are actually private businesses albeit not for profit, so the RTB doesn’t apply. By all means take legal advice but they are very likely to tell you the same thing. 

This is wrong. Did you read the original post?!

Norman_Castle

Shaztastic3000 said:

tinytiddles said:

OTS6698 said:

As far as I know the flats we lived in were owned by Liverpool City Council at the point of demolition. I think the best plan is to make the RTB application and see what Riversides response is. If they reject on the basis I’d Mum doesn’t have a RTB, then this might be one for a solicitor to look into and see where that goes. 

OK - in that case if she moved from a Council to a Housing Association tenancy when she moved home then she no longer has the Right to Buy - only the Right to Acquire as long as she has been there long enough. Sorry this isn’t the answer you want but unfortunately it would appear that Riverside are giving you the correct information. You only retain the RTB if the home itself transfers from a Council to HA which is known as the Preserved Right to Buy (not the tenancy or person) or if you move from a Council home to another Council home. Housing Associations and Councils work under different rules and HAs are actually private businesses albeit not for profit, so the RTB doesn’t apply. By all means take legal advice but they are very likely to tell you the same thing. 

This is wrong. Did you read the original post?!

Explaining how you think its wrong would be informative.

csgohan4

GDB2222 said:

sammyjammy said:

Why would your mum want to buy the property at this stage of her life?

Why do people ask these questions? Is someone really not allowed to ask a question without having to justify their motives? 

Because 'these' questions are quite pertinent for an elderly home owner not taking account all ramifications of owning a home and only seeing inheritance or home ownership as the only thing in mind. 

OP is free to ignore

Bare in mind you will be responsible for ALL repairs and no hounding the HA, not to mention the loss of secured tenancy

At this age, consider POA and wills put in place if OP is considering the home buy option

But an examples of where it has back fired:

https://forums.moneysavingexpert.com/discussion/5789909/new-roof/p1

OTS6698

I don’t think any comments on this appear to take into account my first post, namely that Mum was decanted as a result of demolition. Her secure tenancy and RTB was never relinquished, unless Riverside can show it was. 

lincroft1710

OTS6698 said:

I don’t think any comments on this appear to take into account my first post, namely that Mum was decanted as a result of demolition. Her secure tenancy and RTB was never relinquished, unless Riverside can show it was. 

But Riverside appear not to agree with this. It will be up to her to prove she still has a preserved RTB not for Riverside to prove she hasn't. Riverside own the house and are an HA, so as far as they are concerned RTA applies unless it can be proved otherwise. Unfortunately your mother appears to be lacking any paperwork to back up her claim and if Riverside are as intransigent as has been suggested in previous posts they will deny any preserved RTB.


Knowing (or believing) you are in the right is one thing, proving it is another.


There may be an arbitration service which would cover this impasse.

Ratkin007

tinytiddles said:

OTS6698 said:

As far as I know the flats we lived in were owned by Liverpool City Council at the point of demolition. I think the best plan is to make the RTB application and see what Riversides response is. If they reject on the basis I’d Mum doesn’t have a RTB, then this might be one for a solicitor to look into and see where that goes. 

OK - in that case if she moved from a Council to a Housing Association tenancy when she moved home then she no longer has the Right to Buy - only the Right to Acquire as long as she has been there long enough. Sorry this isn’t the answer you want but unfortunately it would appear that Riverside are giving you the correct information. You only retain the RTB if the home itself transfers from a Council to HA which is known as the Preserved Right to Buy (not the tenancy or person) or if you move from a Council home to another Council home. Housing Associations and Councils work under different rules and HAs are actually private businesses albeit not for profit, so the RTB doesn’t apply. By all means take legal advice but they are very likely to tell you the same thing. 

As well as Shaztastic3000 saying why he thinks above is wrong, be useful if OP said why she believes her mum still has preserved RTB. Above has always been my understanding but Housing Act 1985 Section 171f makes reference to transfer of qualifying person to alternative accommodation. I don't fully understand it so cannot comment further but that may be what OP is basing information on.  As OP has suggested may be worth starting process for decision to be given. May also be worth mother submitting data access request at same time so they have to look for tenancy agreement which is something they should still have as the tenancy is still live.