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  • FIRST POST
    • WasntMeHonest
    • By WasntMeHonest 6th Jul 18, 2:05 PM
    • 80Posts
    • 17Thanks
    WasntMeHonest
    Retrospective Right to buy discount
    • #1
    • 6th Jul 18, 2:05 PM
    Retrospective Right to buy discount 6th Jul 18 at 2:05 PM
    Bit of a unanswerable question maybe but maybe someone has an idea.
    Currently the bill passed in 2016 giving Housing association tennents the same right to buy rights/discount as Council Tennents. But still I cant do it. As they seem to have no idea to implement the process or when its even going to happen after having a failed 1 year trial period theyre having another one. so at Earliest 2019..............
    Since all that is available at present is The Right to Acquire which is basically the same thing but a much smaller discount.
    Right to Acquire Discount £9000
    Right to Buy Discount £40,000

    If its law since 2016 would there be grounds for a future refund of what i should be legally entitled to now as i don't think I can afford to wait any longer(or for a possible 2019) as ive actually been waiting since 2015, followed the bill through and it passed in 2016 and been waiting since
Page 3
    • WasntMeHonest
    • By WasntMeHonest 6th Jul 18, 7:30 PM
    • 80 Posts
    • 17 Thanks
    WasntMeHonest
    Brassicwoman
    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
    • Smodlet
    • By Smodlet 6th Jul 18, 7:42 PM
    • 4,197 Posts
    • 7,506 Thanks
    Smodlet
    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.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • BrassicWoman
    • By BrassicWoman 6th Jul 18, 7:46 PM
    • 1,884 Posts
    • 7,527 Thanks
    BrassicWoman
    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
    Originally posted by WasntMeHonest
    You had your answer in post 6. You have posted 22 times since then. A bill is not law. Not nearly the same.
    Jan 18 grocery challenge £105.13/ £150
    • TamsinC
    • By TamsinC 6th Jul 18, 8:01 PM
    • 521 Posts
    • 629 Thanks
    TamsinC
    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)
    Last edited by TamsinC; 06-07-2018 at 8:04 PM.
    • marliepanda
    • By marliepanda 6th Jul 18, 8:12 PM
    • 6,894 Posts
    • 14,990 Thanks
    marliepanda
    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?
    Originally posted by WasntMeHonest
    You havenít accumulated £38000.

    They wonít backdate anything.

    £38000 would make a big difference to anyone, disabled or not. Doesnít mean you can just have it.
    • WasntMeHonest
    • By WasntMeHonest 6th Jul 18, 9:09 PM
    • 80 Posts
    • 17 Thanks
    WasntMeHonest
    smodlet
    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
    • By BrassicWoman 6th Jul 18, 9:19 PM
    • 1,884 Posts
    • 7,527 Thanks
    BrassicWoman
    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
    Jan 18 grocery challenge £105.13/ £150
    • WasntMeHonest
    • By WasntMeHonest 6th Jul 18, 9:49 PM
    • 80 Posts
    • 17 Thanks
    WasntMeHonest
    Brassicwoman
    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
    • By da_rule 6th Jul 18, 9:51 PM
    • 2,796 Posts
    • 2,459 Thanks
    da_rule
    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.
    Last edited by da_rule; 06-07-2018 at 9:54 PM.
    • BrassicWoman
    • By BrassicWoman 6th Jul 18, 9:54 PM
    • 1,884 Posts
    • 7,527 Thanks
    BrassicWoman
    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................................
    Originally posted by WasntMeHonest



    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.
    Jan 18 grocery challenge £105.13/ £150
    • WasntMeHonest
    • By WasntMeHonest 6th Jul 18, 10:17 PM
    • 80 Posts
    • 17 Thanks
    WasntMeHonest
    da_rule
    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
    • WasntMeHonest
    • By WasntMeHonest 6th Jul 18, 10:25 PM
    • 80 Posts
    • 17 Thanks
    WasntMeHonest
    da_rule
    I am actually Scottish but live in England since 81. it an English property but thanks i am also fully aware of the scotland difference as i also started reading about this in 2015 when it looked like id buy my housing association property. And i can categorically state that i have asked my housing association just that. Will you sell me my property if i wait to the roll out. Answer from Housing Association :- Yes.

    My Question:- When?

    H/A - We dont know lol

    Maybe i am asking a silly question to say if i cant have mine now like the lucky others can i have a refund back when i can.... I even think it might be way off, but i will ask, not as bluntly as that obviously and will keep asking the right people and see where i get. Thank you every one, Im off to crack open a Diamond White , im my council house/housing association gaff with the rest of the dole dossers, might buy some heroin later as no doubt some people will prejudge and join my pauper plebs on dole alley. Best shut that curtain incase they catch me watching the footie with no licence lol
    Last edited by WasntMeHonest; 06-07-2018 at 10:32 PM.
    • Red-Squirrel
    • By Red-Squirrel 6th Jul 18, 10:25 PM
    • 3,602 Posts
    • 9,636 Thanks
    Red-Squirrel
    If you're disabled or have poor health long term you're much better off in a secure HA tenancy than owning anyway.
    • mije1983
    • By mije1983 6th Jul 18, 10:26 PM
    • 3,542 Posts
    • 20,278 Thanks
    mije1983
    If you don't believe what people here are saying, and think you have a entitlement under law(!), then contact a solicitor.


    This thread is descending into groundhog day!

    • csgohan4
    • By csgohan4 6th Jul 18, 10:32 PM
    • 5,182 Posts
    • 3,303 Thanks
    csgohan4
    OP I sincerely hope not in answer to your original question.




    By the way OP, how much does it cost to get a new roof or a new boiler? can you afford that? No Housing association to cry to when things wrong if you ever bought the house


    https://forums.moneysavingexpert.com/showthread.php?t=5856039


    https://forums.moneysavingexpert.com/showthread.php?t=5789909
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
    • da_rule
    • By da_rule 6th Jul 18, 10:33 PM
    • 2,796 Posts
    • 2,459 Thanks
    da_rule
    No, your posts are not being deleted. The problem is you are not presenting any clear, coherent arguments. Instead you are rambling in a rather incoherent way.

    You seem to be saying that you want to challenge the matter, but you will need a much clearer argument. Essentially you would be challenging why your HA didn't sign up for a voluntary scheme. The answer would be simply because they didn't want to.

    Whilst the HA may be telling you that should they opt to join the voluntary scheme in the future you could get the higher discount this would be dependent on them actually joining the scheme, which they would be unlikely to be able to do given how far into the trial we are.

    The facts remain, your HA is not a member of the trial and there is no legal right for HA tenants in relation RTB (only RTA), therefore there is nothing to challenge. You also face a huge problem in relation to who you would be challenging and who you would address your challenge to.

    HA's (similarly to local authorities), as social landlords are extremely restricted in how they can dispose of their housing stock. Therefore, unless they have been given the exemption under the trial, they can generally only dispose of residential housing stock under the RTA (excluding stock swaps and CPO's etc). Therefore, even if they 'wanted' to sell it to you with RTB discount they would, until it becomes law, be unable to do so.
    • WasntMeHonest
    • By WasntMeHonest 6th Jul 18, 10:41 PM
    • 80 Posts
    • 17 Thanks
    WasntMeHonest
    mije1983
    Yeah your right, You should change your name to Mystic Meg, seeing as though you seem to know what is what isnt better for me.........................

    Groundhog day indeed, same old same old, prejudging whats better for someone in your humble opinion you have no idea about or who i even am lolol All I am to you is a screen name
    and like wise you to me, to think your some great wise words of wisdom with !!!! just like that , Well, must stop typing for a sec, this 2nd, 3litre bottle of Diamond white super strength cider wont open itself. If only I followe your advice............ Then when i p~*s myself drunk, someone can came and clean me up. you might aswell close this post now as it goes, cause i could gladly continue my waffle all day long in response to general judgement of I might be better somewhere else. How do you know, Miss Meg??? Got next weeks lottery numbers by any chance?
    Last edited by WasntMeHonest; 06-07-2018 at 10:45 PM.
    • da_rule
    • By da_rule 6th Jul 18, 10:43 PM
    • 2,796 Posts
    • 2,459 Thanks
    da_rule
    And i can categorically state that i have asked my housing association just that. Will you sell me my property if i wait to the roll out. Answer from Housing Association :- Yes.

    My Question:- When?

    H/A - We dont know lol
    Originally posted by WasntMeHonest
    So what you asked them was, "when(/if) the law changes and I have the RTB, will you obey the law?"

    They rather unsurprisingly replied "Yes". (They're hardly likely to admit that they wouldn't abide by the law are they?)

    You then asked "When will the law change?"

    They replied that they "Didn't know".

    This seems completely reasonable to me, the HA is not the government, it does not know when, or even if, the law will change, but they have admitted that they will follow the new law should it materialise.

    The unreasonable part is you seeking to somehow get ahead of the game/preferential treatment. Look at it in relation to a slightly different context. You can earn a certain amount before you pay income tax. In the budget the government announce that in the next tax year that amount is going up. This doesn't mean that in the current tax year I can use the new, higher, tax code as that isn't the law until it takes effect. The current law is that you don't have the RTB, it's that simple.
    • WasntMeHonest
    • By WasntMeHonest 6th Jul 18, 10:53 PM
    • 80 Posts
    • 17 Thanks
    WasntMeHonest
    da_rule
    simply No, i dont think im being unreasonable or trying to jump the cue. And tax will not come into it for me, once purchased, i will be still be on benefits with no return to work due to health and disablement. People are already lucky enough to be getting these and have in the previous 5 trial areas. Is it truely unreasonable for a person to say, well if they can , why cant i....... And question this to atleast someone in authority, And also to be told No, like you say and when told no. To still say Why not?
    Last edited by WasntMeHonest; 06-07-2018 at 10:55 PM.
    • TamsinC
    • By TamsinC 6th Jul 18, 10:58 PM
    • 521 Posts
    • 629 Thanks
    TamsinC
    simply No, i dont think im being unreasonable or trying to jump the cue. And tax will not come into it for me, once purchased, i will be still be on benefits with no return to work due to health and disablement. People are already lucky enough to be getting these and have in the previous 5 trial areas. Is it truely unreasonable for a person to say, well if they can , why cant i....... And question this to atleast someone in authority, And also to be told No, like you say and when told no. To still say Why not?
    Originally posted by WasntMeHonest
    Because you aren't in a trail area - those trials might fail and they may decided to not roll it out across the country. It may cost too much to deliver. You want it NOW, move to a trial area.

    Why don't you spend some of your inheritance employing a solicitor to take on the government for you? If you want to fight it, fight it with those that make the policy not those that administer it and have no way to do what you want.
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