Council property Right To Buy refuse

LBela

If the wife wasn't on the tenantship documents at the council property, but lived there as her only home, would it be the reason for the refusal?
She lived at that property from 2016, and the succeeded the it in 2022.
The reason for the refusal is that she does not have sufficient years to purchase the property, as she must have been a tenant for 3 years or more.
Is there any possibility to appeal this decision? 

sammyjammy

She has no basis to appeal if thats the rule, living in the property does not count.

lincroft1710

To be eligible for the Right to Buy scheme, the tenant has to have been a public sector tenant for at least 3 years, but it does not have to be 3 years in a row.


I doubt she could appeal the 3 year rule

Ratkin007

I think she should question her eligibility. The Shelter website says 

Qualifying periods and succession to a tenancy

A successor can count their own period of occupation before they succeeded to the tenancy for the purposes of meeting the qualifying period.[34]

Was the council notified when she moved in? When she applied to succeed to the tenancy did she say when she moved in? I know there is no occupation period for a spouse to succeed to a tenancy but an application should have been completed which may help to prove occupation period.

Bigphil1474

Won't she be on the council tax bill and electoral roll from when she moved in in 2016? If she is, there's your proof. 

lincroft1710

Bigphil1474 said:

Won't she be on the council tax bill and electoral roll from when she moved in in 2016? If she is, there's your proof. 

If she was not on the tenancy she wouldn't have been on the CT bill. She should have been on the Electoral Roll, but may not have been Even if she was on the ER it doesn't actually "prove" she was resident at that address, as a person can be registered to vote at a particular address but do not have to be resident there

LBela

She has been on Council tax demand since 2016. 
On her request to reconsider the refusal of RTB decision, Council replied: "Your years as being on the council tax do not count towards your tenancy years.  Your tenancy years are separate to council tax and do not get taken into consideration as tenancy years."

Ratkin007

Did she definitely succeed the tenancy or was it assigned to her or was special consideration given and it was allocated. Does she have her tenancy agreement?
Hopefully below is a link to a guide if you've not already seen it, read pages 24/25.
The paragraph on qualification/discount says to include those of your spouse, those of former spouse from whom separated or who has died. It also advises who to contact if not satisfied at any stage.

https://assets.publishing.service.gov.uk/media/6772a4b34ac3f67db58474d0/Your_Right_to_Buy_Your_Home_A_Guide_-_2024.pdf 

I know of an individual that succeeded a tenancy at the age of 32 from their parent, however because they had never left home, their qualifying years were taken from the age 16 or 18.  In addition, some people who succeed to tenancies would apply for the right to buy straight away if the property had 2 or more rooms than they required as they realised they could be forced to move. If the tenancy was definitely a succession the years should count.
In requesting a reconsideration was reference made to the tenancy succession?

Schwarzwald

LBela said:

....succeeded the it in 2022 ... she must have been a tenant for 3 years or more ...

2025 is around the corner, why not simply wait until the 3 years have been reached?