The Right to Buy scheme has been a significant opportunity for council tenants in the UK to purchase their homes at a discounted price. However, many people wonder, “Can you get the Right to Buy if you are not on the tenancy?” The short answer is no, but there are important exceptions that could make you eligible to apply as part of a joint purchase.
This article explains who qualifies for the scheme, how joint applications work, and what to do if you’re not named on the tenancy.
What Is the Right to Buy Scheme?
The Right to Buy scheme allows secure tenants of public sector landlords, such as local councils or housing associations, to purchase their home at a discount. The discount level depends on the type of property (house or flat) and the length of time you have been a tenant.
While the scheme remains active in England, it has been abolished in Scotland (2016) and Wales (2019).
Eligibility for Right to Buy
To qualify for the Right to Buy scheme:
- You must be a secure tenant – meaning you have a long-term tenancy agreement with a public sector landlord.
- You must have spent at least three years as a public sector tenant – these do not have to be consecutive.
- The property must be your main or only home.
Can You Apply If You Are Not on the Tenancy?
If you are not named on the tenancy agreement, you do not have an independent Right to Buy the property. However, you may still be able to participate in the process if certain conditions are met:
- Joint Applications: The Right to Buy scheme allows you to apply jointly with up to three family members who have lived with you in the property for at least 12 months. This includes spouses, civil partners, and other close relatives like parents, siblings, or children.
- The primary tenant must be eligible for the Right to Buy scheme and agree to participate in the application.
For example: If you live with a family member who is a secure tenant but you are not listed on the tenancy, you can still be included in a joint Right to Buy application as long as you’ve shared the home for the required 12 months.
What If You’re Not Eligible?
If you are not on the tenancy and have not lived in the property for 12 months, you are unlikely to be included in a Right to Buy application. In this case:
- You may consider speaking with the primary tenant about updating the tenancy agreement to reflect your circumstances.
- Seek advice from your local council or a housing advisor to explore other options for purchasing or renting.
Why Does the Scheme Have These Rules?
The restrictions on eligibility help ensure that the Right to Buy benefits tenants who have a genuine long-term connection to the property. Allowing joint applications for family members who live in the home acknowledges the shared financial and personal interest some households may have.
However, local authorities often highlight concerns that the scheme reduces the stock of affordable housing. As a result, some councils are calling for reforms, such as suspending Right to Buy for newly built homes.
To answer the question, “Can you get the Right to Buy if you are not on the tenancy?”:
- No, you cannot apply independently.
- Yes, you can participate as part of a joint application if you meet the 12-month residency rule and the primary tenant is eligible.
If you’re unsure about your eligibility, it’s always a good idea to consult your local council or a housing advisor. Understanding the rules around Right to Buy can help you explore all your options and take the right steps toward homeownership.
FAQs
Can I apply for Right to Buy if I’m not listed on the tenancy agreement?
No, individuals not named on the tenancy agreement cannot apply independently for the Right to Buy scheme. However, certain family members who have lived in the property as their main home for at least 12 months can join the application alongside the primary tenant.
Who qualifies as a family member eligible to join a Right to Buy application?
Eligible family members include spouses, civil partners, parents, grandparents, children, grandchildren, siblings, uncles, aunts, nephews, or nieces. These individuals must have resided in the property as their only or main home for at least 12 months before the application date.
What if I’ve lived in the property for less than 12 months? Can I still join the Right to Buy application?
No, to be eligible to join a Right to Buy application as a non-tenant family member, you must have lived in the property continuously for at least 12 months prior to the application. Residency periods shorter than this do not meet the eligibility criteria.
Can friends or unmarried partners join the Right to Buy application?
No, only specific family members as defined by the scheme are eligible to join the Right to Buy application. Unmarried partners who are not civil partners and friends do not qualify to be part of the application.
Does the primary tenant need to be part of the Right to Buy application?
Yes, the primary tenant must be part of the Right to Buy application. Non-tenant family members can only join the application; they cannot apply independently without the primary tenant.
Are there any recent changes to the Right to Buy scheme that affect non-tenant family members?
As of November 2024, there have been significant changes to the Right to Buy scheme, including reductions in maximum discounts. However, the eligibility criteria for non-tenant family members joining the application have not changed.
How can I prove my residency to join a Right to Buy application?
Proof of residency can include official documents such as utility bills, bank statements, or official correspondence addressed to you at the property over the past 12 months. It’s advisable to check with your local council for specific documentation requirements.
What happens if the primary tenant does not want to participate in the Right to Buy application?
If the primary tenant chooses not to participate, non-tenant family members cannot proceed with the Right to Buy application on their own. The scheme requires the involvement and consent of the primary tenant.
For more detailed information, you can refer to the official government guide on Right to Buy:
GOV.UK
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