West Lothian Council delivers

Are there any exemptions to the right to buy my council house?

Some properties are exempt from the right to buy, including: group housing schemes for persons with special needs, e.g. Sheltered Housing; individual houses provided for persons of pensionable age, for example Amenity Housing (approval has to be sought from Scottish Ministers); houses in Pressured Areas. In addition, tenants who have rent or council tax arrears, or have any other housing related debt, or who are subject to an Anti-social Behaviour Order, may not be eligible to purchase their council property.

Can I apply to buy my council house?

The vast majority of tenants who hold a Scottish Secure Tenancy have the Right to Buy their Council house or flat. Tenants can apply jointly with one or more members of their family, provided that they are at least 18 years of age and have lived at the address for a continuous period of 6 months immediately prior to the application. If the tenancy began prior to 30th September 2002, an application to purchase can be made after having held a tenancy (in the current house or in any number of properties with relevant landlords) for a period of two years immediately prior to submitting the application. If the tenancy began after 30th September 2002 (including transfers), this qualifying period increases to 5 years.

Can I buy my council house if I transferred my tenancy into a pressured area before the area was given pressured area status?

Yes you can buy your council house if you transferred before the area was given pressured status. You are an existing tenant and your rights remain the same.

Can I buy my sheltered house under the Right to Buy scheme?

No, if you are in a council-owned sheltered house, you do not have the right to buy it.

Can I purchase my council property if I am a joint tenant?

Joint tenants normally buy together but you are not obliged to do so. You can agree between yourselves whether one or more of you should apply to purchase the house.

Can I still buy my council house if I have rent and/or Council Tax arrears?

If you have more than 4 weeks arrears of rent and/or Council Tax we will refuse your Right to Buy application.

Can my son/daughter/relative/friend buy my Council house on my behalf?

No, only the tenant can buy their Council house.

Can other members of the family join in the purchase of our council property?

Yes, if they are 18 or over and have lived with you (but not contrary to the terms of your tenancy agreement) for at least 6 months before your application to purchase is served. If the Council agrees however, then the 6 months requirement need not apply. Sharing the cost of buying with your family under the Right to Buy means, for example, that if your grown-up children live with you, you could buy your home jointly with them and their income could be counted towards the money you borrow.

Can the Council refuse to sell me the council property that I'm living in?

If you are entitled to buy, the Council cannot block the sale. Should the Council refuse to sell when you are entitled to purchase your house, or issues an offer to sell containing terms which you think are unreasonable, you may take the matter up with the Lands Tribunal for Scotland, 1 Grosvenor Crescent, Edinburgh, EH12 5ER (telephone 0131 225 7996).

Do I need to employ a solicitor to help me buy my council house?

It is advisable to have the services of a solicitor when buying a house or flat. Many people find it helpful to have expert advice in taking important decisions such as this as the wording of legal documents can be complex. You might also find a solicitors help useful, even before you fill in the application to purchase form. However, you should ask your solicitor about the likely legal costs before applying to purchase so that you will have a clear indication at an early stage of what you will have to pay.

How long would it take for me to buy my council house?

From receipt of the completed application form until you receive an offer from the Council should not be more than 2 months. A valuer has to value your home first and your discount has to be calculated based on your tenancy records. Other administrative procedures need to be carried out before the Council can issue an offer to sell. We aim to have each council house sale completed within 26 weeks from reciept of completed application form. If complications arise with the sale then settlement may take longer.

How much discount am I entitled to when I buy my council property?

The value of your discount ranges from 20% to 70%, depending upon the type of council property you wish to purchase and how long you've had a tenancy.

How much will it cost me to submit an application to buy my council house?

There is no charge for making an application to buy your home.

How will the selling price of my council house be decided?

The Council will arrange to have your house or flat valued. This will be done either by a qualified valuer suggested by the Council and accepted by you or by the District Valuer. You do not pay for this. The valuation is the price the property could be expected to fetch if it were sold on the open market without a sitting tenant and excludes any improvements which you have made. Your discount entitlement will then be deducted from this figure.

I am about to apply to become a joint tenant with someone who is currently a tenant in a pressured area. Can we still buy our council house?

As long as the person whose tenancy you are joining has been living in the house since before 30 September 2002, you will still be allowed to buy your council house even although it is in a designated pressured area.

I am eligible for right to buy and have already applied to buy my house. If pressured area status is granted before the sale has gone through, will I still be able to buy my council house?

If you meet the legislative criteria to purchase your house through Right to Buy, and your application is being processed before pressured area status is granted, then the sale will be honoured.

I am moving into a pressured area through a mutual exchange with another tenant. Can I still buy my council house?

If you move into a pressured area through a mutual exchange you will not be able to buy your new council house whilst the area you live in remains a pressured area.

I am on the waiting list / transfer list and have been offered and refused a house in a pressured area. Will this be counted as one of my offers of housing?

Yes, if you refuse a house in a pressured area, it still counts as refusing one of your housing offers. If you are worried about the areas you have chosen on your housing application form or would like to change any of them as a result of pressured area status, you should contact your Area Housing Office.

I currently live in a pressured area where I am eligible to buy my house, but I am looking for a transfer of tenancy to a different pressured area. Can I buy my new council house?

If you currently live in a pressured area, and move to a different pressured area, you will not be able to buy your council house whilst the area you live in remains designated as pressured.

I currently live in an area that has been identified as a pressured area, but I have only been living there or become the tenant there after 30 September 2002. Can I still buy my house?

If your tenancy began after 30 September 2002 you will not be able to buy your council house whilst the area you live in remains a pressured area.

I currently live in an area that has been identified as a pressured area. Can I still buy my council house?

As long as you were living in your current house as the tenant before 30 September 2002 your rights stay the same and you can apply to buy your home, regardless of the pressured area status.

I don't currently live in a pressured area, but I am looking for a transfer of tenancy into a pressured area. Will I still be able to buy my council house?

If you transfer into a pressured area you will not be able to buy your council house whilst the area you live in remains a pressured area.

I have been living in a council house in a pressured area from before 30 September 2002 but I have only recently become the tenant under the Succession to Tenancy policy. Can I buy my council house?

If you have become a tenant in a pressured area after 30 September 2002 through succeeding to the tenancy of your spouse or partner, you will be subject to the modernised right to buy and therefore will not have the right to buy your home whilst the pressured area status is in effect.

If I buy my Council property, am I entitled to any discount?

The discount that tenants are eligible for depends on the length of time spent in occupation of a property provided by any one of the relevant landlords. This includes local authorities, Registered Social Landlords (for example registered housing associations) and property owned by Government Departments and other public bodies.

If I have a Short Scottish Secure Tenancy Agreement, can I buy my house under the right to buy scheme?

No, if you have a Short Scottish Secure Tenancy Agreement, you are not eligible to buy your house under the right to buy scheme.

If my right to buy my house is suspended for 5 years due to pressured area status, will I still be able to count this time towards qualifying to buy and building up discount?

Yes. During the time you are in a property that is within the pressured area, you will not lose out on building up time towards qualifying for Right to Buy and any associated discount.

If the person who bought the council house dies before the 3 years are up, does the discount have to be repaid?

If the person who bought their council home dies before the 3 years are up, the discount does not have to be repaid.

Is my right to buy my sheltered accommodation affected by pressured area status?

No. If you live in a sheltered house you do not have the right to buy your home even if you do not live in a pressured area.

Is my right to buy my tied house affected by pressured area status?

No. If you live in a tied house you do not have the right to buy your home even if you do not live in a pressured area.

Once I've agreed to purchase my council house, when do I stop paying rent?

You must keep paying your rent up until the point where you become owner of your home.

Once I've bought my council house, can I then re-sell it?

Since you are the outright owner, you may sell your home whenever you like. But if you sell within 3 years of buying it, you will usually have to repay to the Council part of the discount you received as follows:- sell first year after purchase - repay whole discount sell second year after purchase - repay two-thirds discount sell third year after purchase - repay one-third discount sell fourth year after purchase - no repayment

What conditions exclude me from the right to buy the council property that I have a tenancy on?

There are a number of exclusions from the right to buy which include tied housing, sheltered housing, special needs housing, student housing and temporary housing.

What happens if I can't keep up with my mortgage repayments when I buy my council house?

If you cannot keep up your mortgage repayments because you are sick or become unemployed, you can ask your lender to allow more time to repay your loan. This means you can make lower payments over a longer time. If you can't keep up repayments your lender may go to court and ask to take over your home. But before this happens, many lenders offer arrears counselling facilities which can involve a detailed financial analysis resulting in arranged payments to help you through a difficult period without resorting to repossession. You may wish to consider taking out additional mortgage protection insurance for such eventualities. You should note that the Council does not have to give you another tenancy if you lose your home in this way.

What is pressured area status?

The purpose of pressured area status is to protect the amount of affordable rented housing in a Council area to make sure that there are enough houses for people who need them. The Housing (Scotland) Act 2001 gave Scottish Ministers the power to grant any part of a Local Authority area as pressured. This means that the right to buy (RTB) is suspended in these areas for new tenants for a period of up to 5 years.

What other costs do I need to consider when buying my council house?

Although the Council makes no charge to tenants who apply to purchase, there are other costs associated with buying a Council house. For example, solicitor's fees, your mortgage, references, (a lender may ask the Council to provide a mortgage reference. The Council makes a charge for this and the lender may pass on this charge), insurance, repairs and maintenance, discount repayment (if the property is sold at any time within 3 years, a proportional amount of the discount must be repaid).

What's the procedure once I apply to buy my Council property?

An acknowledgement letter will be sent within 5 working days of receipt of an application to purchase. From the date an application to purchase is made, the Council only has a responsibility to carry out emergency repairs to the property. The property will also be removed from any planned maintenance or improvement programme. If there are any grounds for refusal of the application, notification will be sent to the applicant within one month of the date of application. The Council has two months from the date of application in which to send out a formal offer of sale. During this time, a number of other things will take place: The Council may contact the applicant for confirmation of the details on the application form; The Council will arrange for the District Valuer to value the property; A Deed Plan will be prepared showing the property and any garden ground that forms part of the tenancy. The District Valuer and the Deed Plans Assistant will both contact the applicant to arrange appointments. The offer will contain information about how the selling price is calculated. The selling price is usually the market value of the property, less any discount entitlement. However, the cost of any repairs, maintenance and improvements carried out during the last 10 years is taken into consideration and can affect the price. This is known as the cost floor rule - the offer of sale will indicate if this has affected the selling price. Applicants have two months from the date of the offer to accept or reject the offer. If the Council have not been contacted regarding the offer within this two-month period, they will write to advise that the offer will be withdrawn in 14 days if no contact is made. The average time that it takes to complete a Council house sale is 26 weeks from the date of application.

When buying my council house, when does the 3 year discount penalty period start from?

The 3 years discount penalty will apply from the date that you accept the Council's offer to sell you your council house.

When working out my eligibility to buy my council house, and calculating the discount, can I include tenancies with other public bodies?

When working out whether you qualify to buy and the amount of discount to which you are entitled you may count any periods of tenancy of a house or flat belonging to a public body listed in the application to purchase form.

Will I need to have my council house surveyed before I buy it?

If you apply for a mortgage from a building society, bank or other financial institution you will probably have to have (and pay for) a survey. You may, in addition, wish to arrange for a surveyor to carry out a full structural survey before you decide to buy. A full structural survey will ensure that you have expert advice on the condition of the property before you buy. You would be best advised, however, to consult a solicitor or the lender for more details of the likely costs.

Will the council still do repairs on my property while I am buying my council house?

Until your purchase is completed the Council must keep in good repair the structure and exterior of your home and keep in good repair and proper working order the installations in the house for the supply of water, gas and electricity and for sanitation. It may also have other responsibilities to you and you can find out more by reading your tenancy agreement.