If you’re a council or housing association tenant looking to purchase your home under the Right to Buy scheme, finding the right conveyancing solicitor is crucial. A specialist Right to Buy conveyancing solicitor ensures the legal process runs smoothly, helping you secure your home with minimal stress.
In this guide, we’ll explore how Right to Buy works, why you need a solicitor, and how to find the best Right to Buy conveyancing solicitors in the UK.
What is the Right to Buy?
Right to Buy is a government scheme that allows eligible council and housing association tenants in England to purchase their homes at a discounted price. The scheme provides an opportunity for tenants to become homeowners, often at a significantly reduced rate.
Who is Eligible for Right to Buy?
You may qualify if:
You’ve been a council or housing association tenant for at least three years (not necessarily consecutive). The property is your main residence. The property is self-contained (i.e., you don’t share essential facilities with non-household members). Your landlord is a public sector landlord.
The discount you receive depends on your location, how long you’ve been a tenant, and the type of property you live in.
Why Do You Need a Right to Buy Conveyancing Solicitor?
While buying your home may seem straightforward, the legal process can be complex. A Right to Buy conveyancing solicitor ensures everything is handled correctly, protecting your investment.
Key Reasons to Hire a Specialist Solicitor
Legal Compliance – Ensures all legal requirements are met and that you’re protected from hidden liabilities.
Property Searches – Checks for any restrictions, leasehold issues, or planning permissions that might impact your purchase.
Mortgage Assistance – If you’re getting a mortgage, your solicitor will liaise with lenders and handle legal paperwork.
Discount Protection – If you sell within five years, you may have to repay some of the discount – your solicitor will ensure you understand these terms.
Hiring an experienced solicitor makes the process quicker, smoother, and legally secure.
How to Choose the Best Right to Buy Conveyancing Solicitors
Finding the right solicitor is key to a stress-free transaction. Here’s what to look for:
Experience in Right to Buy Cases
Choose a solicitor with a proven track record of handling Right to Buy purchases. Experience ensures they understand the complexities of the scheme and any potential legal pitfalls.
Fixed Fees & Transparent Costs
Some solicitors offer fixed-fee Right to Buy conveyancing, meaning you won’t get unexpected bills. Ask for a full breakdown of costs before committing.
No Sale, No Fee Options
Some firms operate on a no sale, no fee basis, meaning you won’t have to pay if your purchase falls through. This provides extra peace of mind.
Fast & Efficient Service
Right to Buy transactions have strict deadlines. Ensure your solicitor is responsive and efficient to avoid delays that could jeopardise your purchase.
Regulated by the Solicitors Regulation Authority (SRA)
Always choose a solicitor regulated by the SRA to ensure they meet high legal and ethical standards.
Conveyancing Process for Right to Buy: A Step-by-Step Guide
If you’re purchasing your council or housing association home under the Right to Buy scheme, the conveyancing process ensures that the legal transfer of ownership is smooth and secure. Understanding each stage can help you avoid delays and make informed decisions.
Here’s a step-by-step guide to the Right to Buy conveyancing process in the UK.
Step 1: Submit Your Right to Buy Application
The process begins when you complete and submit an RTB1 form to your landlord. This form officially registers your interest in buying your home under the Right to Buy scheme.
What Happens Next?
- Your landlord has four weeks (or eight weeks if you’ve been a tenant for under three years) to respond.
- They will either approve your application or reject it with valid reasons.
Step 2: Receive Your Offer Letter (Section 125 Notice)
If your application is accepted, your landlord will send you an offer notice (S125 notice) within:
- Eight weeks (for freehold properties)
- Twelve weeks (for leasehold properties)
What’s Included in the Offer?
- The property’s purchase price (including your Right to Buy discount).
- Any structural issues or repairs the landlord is aware of.
- Terms and conditions of the sale, especially for leasehold properties.
Step 3: Instruct a Right to Buy Conveyancing Solicitor
Once you accept the offer, you’ll need to hire a Right to Buy conveyancing solicitor to handle the legal side of the transaction.
Your Solicitor Will:
- Review your offer letter to ensure all details are correct.
- Check for any legal restrictions (e.g., lease terms, covenants).
- Conduct property searches to identify any issues (e.g., local authority searches, environmental checks).
- Handle mortgage legalities if you’re financing the purchase.
- Liaise with your landlord’s solicitors to draft contracts and ensure everything is legally sound.
Tip: Choose a solicitor who specialises in Right to Buy conveyancing to speed up the process and avoid unnecessary delays.
Step 4: Arrange a Mortgage (If Needed)
If you need a mortgage to buy your home, your lender will:
- Conduct a valuation to confirm the property’s worth.
- Issue a mortgage offer, which your solicitor will review.
- Include conditions, such as repayment terms and early sale restrictions.
Tip: Many lenders offer specific Right to Buy mortgages—compare deals to find the best rate.
Step 5: Property Searches & Legal Checks
Your solicitor will conduct legal searches to check for any issues that could affect your ownership. These include:
- Local Authority Search – Checks for planning issues or restrictions.
- Drainage & Water Search – Ensures proper water and sewer connections.
- Environmental Search – Identifies risks like flooding or land contamination.
- Title Deeds & Lease Checks – Ensures your landlord has the legal right to sell the property.
Step 6: Exchange of Contracts
Once all searches and checks are complete, your solicitor will prepare the contract for exchange.
What Happens at Exchange?
- You and your landlord’s solicitor sign the contracts.
- You pay any required deposit (if applicable).
- A completion date is agreed upon.
Tip: After exchanging contracts, you’re legally committed to the purchase. Make sure you’re 100% happy with the terms before signing.
Step 7: Completion & Ownership Transfer
On the agreed completion date, the final legal and financial processes are completed.
What Happens at Completion?
- Your solicitor sends the payment to your landlord.
- You receive the title deeds (proof of ownership).
- Your name is registered as the official homeowner with the Land Registry.
- If you took out a mortgage, the lender registers their charge on the property.
Congratulations! You are now the official homeowner of your Right to Buy property!
Step 8: Post-Completion Responsibilities
Even after completion, there are a few things to keep in mind:
- Mortgage Payments – Ensure you keep up with repayments if you took out a mortgage.
- Council Tax & Utility Bills – Now fully your responsibility.
- Leasehold Properties – If your home is leasehold, you may have ground rent and service charges.
- Resale Restrictions – If you sell within five years, you may have to repay part of the discount.
How Long Does Right to Buy Conveyancing Take?
The full process can take 8 to 16 weeks, but several factors can influence the timeline:
- Landlord response time – Delays in sending the offer letter.
- Mortgage approval – Some lenders take longer to process applications.
- Property searches – Some councils are slower in returning search results. Solicitor efficiency – Choosing an experienced solicitor speeds up the process.
How Much Does Right to Buy Conveyancing Cost?
Costs can vary depending on your solicitor and location, but typical fees include:
- Legal Fees – £800 to £1,500 (fixed fees available)
- Search Fees – £250 to £350
- Land Registry Fees – £135
- Mortgage Fees (if applicable) – Varies by lender
Always get a full quote upfront to avoid hidden charges.
Start Your Right to Buy Journey Today
If you’re ready to buy your home through Right to Buy, finding an experienced solicitor is essential. A specialist Right to Buy conveyancing solicitor will handle the legal side, ensuring a smooth and stress-free purchase.
Start by getting quotes from regulated and experienced Right to Buy solicitors to compare services and costs. With the right legal support, you’ll be one step closer to owning your home.
Need expert help? Contact a trusted Right to Buy conveyancing solicitor today!
FAQs
Do I Need a Solicitor for Right to Buy conveyancing?
Yes. While it’s not a legal requirement, hiring a Right to Buy conveyancing solicitor is highly recommended. They handle legal checks, property searches, contract exchange, and ensure a smooth purchase process, protecting your rights as a buyer.
Can I Get a Mortgage for Right to Buy?
Yes, many lenders offer Right to Buy mortgages. You can use your Right to Buy discount as part of your deposit, making it easier to secure a mortgage with little or no upfront deposit. However, you’ll still need to pass the lender’s affordability checks.
What Happens If I Change My Mind after Starting Right to Buy?
You can withdraw at any time before exchanging contracts without financial penalties. However, if you’ve paid for surveys, legal fees, or mortgage applications, you may lose those costs.
What If I Think My Property Price is Too High
If you believe your landlord has overvalued the property, you can request a free independent valuation from the District Valuer Service (DVS) within three months of receiving your offer letter. Their valuation will be final, even if it’s higher than your landlord’s offer.
Can I Sell My Right to Buy Home After Purchasing it?
Yes, but if you sell within five years, you may have to repay some or all of your Right to Buy discount:
- Year 1: Repay 100% of the discount.
- Year 2: Repay 80%.
- Year 3: Repay 60%.
- Year 4: Repay 40%.
- Year 5: Repay 20%.
After five years, you can sell without repaying the discount.
What If My Landlord Delays the Right to Buy Process?
If your landlord misses deadlines, you can serve them a Notice of Delay (RTB6 form). If they still don’t respond, you may be entitled to a further discount off your purchase price.
Do I Need a Survey for a Right to Buy property?
A survey isn’t mandatory, but it’s highly recommended. It helps identify potential issues (such as structural defects or damp problems) before you commit to the purchase.
Can I Apply for Right to Buy with Someone Else?
Yes! You can buy your home with:
- A spouse or civil partner.
- Family members who have lived in the property for at least 12 months.
- Another tenant listed on the tenancy agreement.
Do I Need to Pay Stamp Duty on my Right to Buy home?
Stamp Duty is only applicable if your property purchase price exceeds £250,000 (£425,000 for first-time buyers). Your solicitor will advise if Stamp Duty applies in your case.
What Happens If I inherit a Right to Buy property?
If you inherit a leasehold Right to Buy property, you take over the lease under the existing terms. If it’s freehold, you own the property outright. You may need legal advice on inheritance tax and future resale restrictions.
What Should You Do Once You Receive Your Right to Buy offer?
Upon receiving your Right to Buy offer, known as the Section 125 (S125) notice, you should:
- Review the Offer: Carefully examine the offer, which includes the property’s valuation, your discount, and the terms of sale.
- Seek Professional Advice: Consider consulting a solicitor or financial advisor to understand the legal and financial implications.
- Arrange Financing: If you require a mortgage, start exploring lenders and securing financing.
- Conduct a Survey: It’s advisable to have a structural survey done to assess the property’s condition.
- Respond Promptly: You typically have 12 weeks to accept the offer. If you need more time, communicate with your landlord to request an extension.
- Proceed with Conveyancing: Once you accept, your solicitor will handle the legal aspects to complete the purchase.
For more detailed guidance, refer to the government’s official information on your landlord’s offer.
gov.uk
How much of a Right to Buy discount will I get?
The Right to Buy discount you receive depends on the type of property and the length of your tenancy:
Houses:
- 35% discount if you’ve been a public sector tenant for 3 to 5 years.
- After 5 years, the discount increases by 1% for each additional year, up to a maximum of 70% or £16,000, whichever is lower.
Flats:
- 50% discount if you’ve been a public sector tenant for 3 to 5 years.
- After 5 years, the discount increases by 2% for each additional year, up to a maximum of 70% or £16,000, whichever is lower.
- Please note that as of 21 November 2024, the maximum discount has been reduced to £16,000.
Applications submitted before this date are eligible for the previous higher discount rates.
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