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Retrospective Right to buy discount

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Comments

  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Name Dropper First Anniversary First Post
    You have answered your own question; because you do not live in one of the five designated trial areas. Given this state of affairs, it would appear this "law" is not yet law.

    I'm done.
  • BrassicWoman
    BrassicWoman Posts: 3,202 Forumite
    First Anniversary Name Dropper First Post Mortgage-free Glee!
    its not about, If i can or cant,. Its not about what discount an eligable for, thats already been established . Both, My point and question being. If people in the country already and and are getting these discounts as housing association propertys with full discounts eligable for, because their lucky enough to live in one of the areas. ie the 5 trial areas in the 1st failed one and the people that can now do this if living in certain areas of this country ie west midlands. Why cant i then do this. The bill was passed in 2016. If not why cant i ? More to the question When Can i? Can i get it back dated, if not why not? Why cant i even speak about this with out people touching a nerve with certain posters that have their own views, but at the end of the day it still boils down to im entitled to that same as the people are now receiving in certain areas of the uk and to mine in my area but who knows when...... lol

    You had your answer in post 6. You have posted 22 times since then. A bill is not law. Not nearly the same.
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  • TamsinC
    TamsinC Posts: 625 Forumite
    edited 6 July 2018 at 8:04PM
    Seems to me you will need to wait until it is rolled out to your area - when ever that may be (maybe never knowing this government). I expect many many people are waiting for that to happen not just yourself. That may, of course, mean your ring fenced inheritance will lose its ring fencing and you will be forced to live off it. Or you can buy now at a lesser discount as you aren't in one of the area where the scheme you want is available. Will there be a possibility of clawing back what you might have had? I very much doubt it. It's much more likely that the pilot will fail and be scrapped. So you pay a game of chances. Which risk is the best risk for your personal situation? Your choice.

    (I am personally of the opinion social housing should be kept for just that - but that's just me)
    “Isn't this enough? Just this world? Just this beautiful, complex
    Wonderfully unfathomable, natural world” Tim Minchin
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    theyre is a considerable difference between the £38000 discount ive accumulated and the £9000 on the table at the minute. Im sure i dont have to tell you what a difference that could make to a ill disabled person who is only in his early 40s with no long term change. I could do all i needed to and never have to have any grant, help or ask. Self sufficient coping with my diasblement to a certain extent. I have a friend i met in hospital now in a wheelchair for life due to a drink driver, yes he got a huge pay out etc but hes done it all be it with a much greater budget. Im a really that immorally wrong to try to the same?

    You haven’t accumulated £38000.

    They won’t backdate anything.

    £38000 would make a big difference to anyone, disabled or not. Doesn’t mean you can just have it.
  • Likewise i think, as stated in one of my early replys, thats exactly what im saying a law or bill , what every one is the correct term as it seems i too also seem to misunderstand what it means, a law (or is it/ or a bill or is it) that does exist , that doesnt , but does. That i cant get, but can

    All i want to know is why not? Thank you for your respose anyway although most of them were stuff i already knew and had tried to state that i already knew this...... zzzz Shame it seems most people seem to think its more about their view that i should be grateful and how their heart aches and general suggestive nonsense like that.... No i know how others feel on here, although half the stuff ive read seems to be an assault on people, normally posting in the wrong place, not reading this , not reading that. No wonder new comers can be put off. But to be fair did i expect much more considering my topic and people views on social housing and right to buy etc. But never the less thank you
  • BrassicWoman
    BrassicWoman Posts: 3,202 Forumite
    First Anniversary Name Dropper First Post Mortgage-free Glee!
    Because it is not the law. End of. it might be one day, or it might not.

    !!!8220;The Housing and Planning Act 2016 does not contain measures to implement a statutory RTB for housing association tenants. !!!8221;

    https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7224
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  • Agreed , but how are people now and previous getting these discounts already in other areas. Yes i know its trial areas, but doesnt that kind of blow out what your saying that they might or might not be, or wont be when they clearly are now. Surely i ask myself, why are these doing these trials in the 1st place and now on to their 2nd trial. Because i have the same as these that are luckly getting it already and lucky to be living in the right area............So surely clearly you can get these already even though somehow you say i cant or wont, if i just wait i certainly can, but to till when................................
  • da_rule
    da_rule Posts: 3,618 Forumite
    First Post First Anniversary
    edited 6 July 2018 at 9:54PM
    The Conservatives did make promises in their manifesto to extend the Right to Buy (RTB) to Housing Association (HA) tenants.

    There were obviously questions raised about how this would be funded (i.e. how would the HA's be able to purchase/build more housing stock to replace the stock they sold at highly discounted prices). Therefore the Housing and Planning Act 2016 was passed and came into force in parts.

    Rather unhelpfully this Act does contain a chapter called "Implementing the Right to Buy on a Voluntary Basis". However, the Act did not actually give anyone a Voluntary Right to Buy (VRTB), instead it set out the funding mechanism that would be used should VRTB/RTB be rolled out on a larger scale to HA tenants. This set out that the Secretary of State could require a Local Housing Authority (which in most areas is the Council) to sell vacant 'high value' houses and give a proportion of the income to central government. The government would then distribute these funds to HA's. The Secretary of State has already announced that he will not be making such a declaration in 2018/19.

    Therefore it seems very unlikely that RTB will be rolled out until 2019 at the earliest as there is no funding provision in place yet. Also, either the Housing Act 1985 would need to be amended to include HA's or there would need to be a bespoke Act. Given that Brexit is currently high on the agenda there is unlikely to be any time given in Parliament for the debates needed to pass the relevant legislation in the short term.

    The current trial is just that, a trial. Therefore if you aren't lucky enough to have a HA who signed up to the trial as your landlord then you are out of luck. Also, until the trial results are known it would be almost impossible to decide whether or not it's been a success and whether or not it should be rolled out nationally.

    As the current name suggests, 'Voluntary Right to Buy', it is entirely up to the HA if they take part. They can leave the trial at any time they like.

    Therefore, you have no statutory right to receive the RTB discount only the Right to Acquire (RTA) discount. OP, you appear to be under some sort of misconception that there is an Act on the statute books that gives HA tenants the same rights as Council tenants have under the Housing Act and that for some reason either you are the only one who knows about this mystery act, or your HA is purposely refusing to give you what you're entitled to. This is not the case, there is no act that fully extends the RTB to HA tenants.

    When/if RTB is extended fully to HA's there is no chance that discount will be able to be retrospectively applied, as this would leave HA's liable to pay millions of pounds based on the difference between the RTA and RTB discounts.

    I cannot see in your posts OP if you have stated you're in England. If you're not then it is worth noting that the devolved legislatures have seriously reduced the RTB discount, and in the case of Scotland, scrapped the RTB altogether.

    Op, the choice is therefore yours. Take the RTA discount you are entitled to or wait, in the hope that somewhen in near future RTB is fully rolled out to HA's.
  • BrassicWoman
    BrassicWoman Posts: 3,202 Forumite
    First Anniversary Name Dropper First Post Mortgage-free Glee!
    Agreed , but how are people now and previous getting these discounts already in other areas. Yes i know its trial areas, but doesnt that kind of blow out what your saying that they might or might not be, or wont be when they clearly are now. Surely i ask myself, why are these doing these trials in the 1st place and now on to their 2nd trial. Because i have the same as these that are luckly getting it already and lucky to be living in the right area............So surely clearly you can get these already even though somehow you say i cant or wont, if i just wait i certainly can, but to till when................................




    Oh boy. What are we, 25 posts now arguing the toss because you don't like the aswer?


    Come on now. Time for everyone to move on with their lives, including you.
    2021 GC £1365.71/ £2400
  • I have also previous stated all that aswell in terms of the 2019 thing, the spending, even posted the rough figures off the top off my head as found somewhere on a goverment page i found. All that was pointless as i have already mention these things in previous reply etc. And yes i agree. it is a case of quite frankly being unlucky area wise, then either taking the plunge now or waiting. And fully agreed it would open up a massive rebate potential. Im just saying as daft as you may think i am, i am still going to take this futher on the moral principal of it, and im quite happy to do it myself even it may well be a possible waste of time , but we'll see.... If i have any joy, response or otherwise outcome that yous are all saying then i will let yous know. I have the right to question the unfair of it so far, and like i keep saying my housing association have told me both options are viable because i have asked if they will allow me to buy it under the voluntary right to buy scheme your talking about once it is implemented here. So YES like ive repeatedly said I can. My problem is can i wait till 2019, and like i ALSO posted to another post. earlier. with the brexit etc who knows when it really might end up being. ARE MY OTHER REPLYS BEING DELETED OR SOMETHING ??? HAVE I NOT PREVIOUSLY POSTED MOST OF WHAT YOU REPLIED???? But yet again i do thanks you for a more informed reply with decent facts unlike others beforehand
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