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Housing Services
Lewes District Council
20 Fort Road
Newhaven
East Sussex
BN9 9QF
Tel: 01273 484261
housing@lewes.gov.uk
Fax: 01273 484260
Minicom 01273 484488
Find Fort Road
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Right To Buy
Some of our tenants have the right to buy their council home from us to become the legal owner of the property.
Secure tenants before 18 January 2005 must have spent at least two years as a public sector tenant. This can be either with a Council, housing association or certain other public bodies.
If your tenancy started after 18 January 2005 you will have to wait until you have been as a public sector tenant for five years.
Properties which do not qualify:
- Non-secure tenants and introductory tenants.
- Homes suitable for elderly people, those with Scheme Managers or similar homes
People with Possession Orders outstanding or bankruptcy won’t be able to buy.
Applications
Complete the Right to Buy form.
Fill in all the sections including the list of your previous tenancies and any improvements you have made. You will also be asked to sign a declaration that you are not a bankrupt.
You do not at this stage need a solicitor. We also do not recommend any private companies that seek to assist you. There are no costs involved at this point and our staff can provide help.
We are required to respond within 28 days, or 42 days if you have held a tenancy with other landlords. We will tell you whether you have the Right to Buy. If we agree we start the process of getting your home valued and assessing any service charges. We check you completed any improvements declared.
You can appeal only against a decision that it is particularly suitable for occupation by elderly people. The Residential Property Tribunal Service has further details.
Valuation
We will send you a Section 125 Notice. This tells you the price and any discount allowed. If your home is a flat, we estimate the service charges or improvement costs to pay during the first 5 years.
It will also tell you about any structural defects that we know about. Terms and conditions of the sale will also be attached.
A surveyor will value your home during a visit. They do not take account of any improvements you made to the property that increased its value.
The discount rules differ depending on when you first became a public sector tenant. The maximum discount entitlement in our district is £38,000. Any calculation greater than this will be ignored.
| Qualifying period | Percentage of discount Houses | Percentage of discount Flats |
|---|---|---|
| 2 years | 32% | 44% |
| 3 years | 33% | 46% |
| 4 years | 34% | 48% |
| 5 years | 35% | 50% |
If you disagree with the price we have fixed you can appeal to the District Valuer.
You must tell us within three months of receiving the Section 125 notice that you want a ‘determination of value’ under the Housing Act 1985.
You then have 4 weeks to put your case to the District Valuer, who will inspect your home. There is no charge for this service.
Decision
You have 12 weeks to decide and let us know if you wish to buy your home. We will remind you once. If you do not reply your application will be cancelled. The time limit will be extended if you have a good reason.
If we do not hear from you for a long time we may send you a warning notice asking you to complete or tell us you disagree with the terms of the sale. If you don’t reply your application will be cancelled.
Cost
The purchase price is generally funded by obtaining a mortgage. Also make allowances for:
- Solicitors fees
- A survey (recommended)
- Valuation fee for your mortgage
- The cost of arranging your mortgage
- Stamp duty
- Buildings Insurance
Ongoing costs
As a home owner you will have to pay council tax and water and sewerage charges. You will be responsible for all internal and external repairs, including decoration
There will also be regular payments due.
- Ground rent
- Service charges
- Contribution towards the insurance costs of the block
- Contribution towards major works reserve fund
Service charges reflect the actual cost of doing any works to the block and surrounding area. This may include replacing windows, servicing lifts and replacing roofs.
In most cases your share of the cost is calculated by reference to the rateable value of your flat, in proportion to the rateable value of the block. Some blocks have higher maintenance charges than others.
You will also have to pay a contribution towards the costs of cleaning the public ways, grass cutting, caretaking, lighting the communal ways and the management of the block.
