Right to Buy
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Right to Buy Lawyers in Stockport & Manchester
Our Right to Buy Solicitors provide expert legal advice for council tenants looking to purchase their home under the government’s Right to Buy scheme. Whether you’re buying a house or a flat, we offer clear, straightforward legal advice to ensure your purchase is handled efficiently and without costly complications.
With over 35 years of experience in Residential Property Law, Clifford Johnston & Co. is a trusted name in conveyancing across Manchester, Stockport and the wider North West. Our team is fully accredited under the Law Society’s Conveyancing Quality Scheme (CQS), demonstrating our commitment to quality, transparency and client care.
Right to Buy transactions often involve strict deadlines, detailed statutory notices and complex leasehold terms. That’s why we take a proactive approach, scrutinising the legal documents, managing your timeline, and keeping you updated throughout the process to avoid delays and ensure your purchase completes smoothly.
As accredited conveyancing specialists, we handle each matter with diligence and precision, protecting your entitlement to purchase at a discount while ensuring that long-term obligations, such as resale restrictions, ground rent and service charges, are fully understood.
If you’re a tenant thinking of buying your home in Manchester or Stockport, contact us today for expert guidance you can rely on.
How can our Right to Buy Solicitors Help?
Buying your council home through the Right to Buy scheme is a major milestone. At Clifford Johnston & Co., we go far beyond paperwork. Our solicitors provide clear advice, reliable protection, and complete peace of mind throughout your purchase.
From the outset, we confirm your eligibility, check your tenancy and legal title, and identify any risks that could delay or derail the process. We offer practical, jargon-free guidance so you understand exactly what you’re buying and what obligations may come with it, particularly important if you’re purchasing a leasehold flat with potential service charge or maintenance liabilities.
We’ll review your Section 125 notice thoroughly, assess the valuation, and challenge any inaccuracies, protecting your long-term financial position. If you’re taking out a mortgage, we also manage all lender requirements, including any discount-related postponement applications.
Behind the scenes, we handle all searches, enquiries, legal documents and Land Registry processes to ensure the transfer is legally sound and futureproof. Throughout, we keep you updated and in control at every stage.
Whether you’re buying alone or with family members, our goal is not just to complete the transaction, but to secure your investment and protect your future plans.
What is the right to buy scheme?
The Right to Buy scheme is a government-backed initiative that allows eligible council and housing association tenants in England to purchase their home at a discounted price. Designed to promote home ownership, the scheme offers secure tenants the opportunity to buy the property they live in, often at significantly less than market value.
To qualify, you must have been a public sector tenant for at least three years, although this period doesn’t need to be continuous. The property must be your only or main residence, and it must be self-contained. In most cases, tenants are buying directly from their local authority, or in some instances, from a housing association under the preserved or voluntary Right to Buy rules.
The level of discount you receive depends on how long you’ve been a tenant and whether you’re purchasing a house or a flat. For houses, discounts start at 35%, rising to a maximum of 70%, while flats typically begin at 50%. However, there’s a financial cap on the discount, which varies depending on where you live in the UK and the timing of your application.
While the scheme can offer a life-changing opportunity to become a homeowner, the legal process is more complex than a typical house purchase. Strict time limits, future resale restrictions, and potential liabilities, particularly for leasehold flats, make specialist legal advice essential.
At Clifford Johnston & Co., we’re here to ensure your purchase is handled properly, your rights are protected, and you understand both the benefits and responsibilities that come with buying your council home.
Who is eligible for the right to buy scheme?
To be eligible for the Right to Buy scheme in England, you must be a secure tenant of a council or housing association property and meet certain legal criteria. While the rules are strict, many long-term tenants qualify without realising it, and our solicitors are here to confirm your eligibility early on, so you can proceed with confidence.
You can usually apply if:
- The property is your only or main home.
- It is self-contained (you don’t share kitchens or bathrooms with other households).
- You have been a public sector tenant for at least three years, this doesn’t have to be continuous and can include different properties and landlords such as the council, housing associations, the armed forces or the NHS.
In some cases, you may have the right under what’s called “Preserved Right to Buy”, for example, if your home was transferred from a local council to a housing association while you were living there.
You can apply to buy on your own, or jointly with up to three family members who live with you, as long as the property is their main home and they’ve lived there for at least 12 months.
It’s important to be aware that certain factors can affect eligibility, including:
- If your home is due for demolition.
- If you live in sheltered or supported housing.
- If there are court proceedings underway due to rent arrears or tenancy breaches.
Our team will review your circumstances and the legal status of your tenancy to ensure there are no hidden obstacles to your application. We will also advise on your options if you’ve recently changed address or moved into a different tenancy type.
Our right to buy conveyancing process
At Clifford Johnston & Co., we understand that buying your home through the Right to Buy scheme may be your first step onto the property ladder. That’s why our conveyancing process is designed to be clear, efficient, and fully supportive from start to finish, while ensuring that every legal obligation is met and every risk is addressed.
Here’s how we help you through the process:
Confirming Eligibility and Tenancy Type
When you first contact us, we’ll carry out an initial legal assessment to confirm your eligibility under the Right to Buy scheme. We’ll review your tenancy history, explain the application process in plain terms, and highlight any early risks, such as potential leasehold responsibilities or shared ownership restrictions, so you know exactly where you stand from the outset.
Reviewing Your Section 125 Offer
Once your landlord accepts your application, you’ll receive a Section 125 Notice. This document sets out the proposed sale terms, including the purchase price (after discount), valuation, and, if applicable, service charge estimates for flats. Our solicitors examine this notice carefully, advise you on whether the valuation is fair, and challenge errors or omissions, especially where recent works or structural issues may affect your liability or future costs.
Handling Legal Documents, Lease Terms & Title Checks
We review the legal title, draft transfer or lease documents, and investigate any legal restrictions, such as rights of way, restrictive covenants or unclear boundaries. If you’re buying a flat, we also check the lease terms for long-term service charge risks, obligations to contribute to major works, and restrictions on alterations or subletting. Any concerns are flagged early, so you can proceed with full understanding and confidence.
Managing Your Mortgage and Compliance Requirements
If you’re purchasing with a mortgage, we liaise directly with your lender and handle all associated legal work, including any necessary postponement of charges due to the Right to Buy discount. We also carry out all required searches (local authority, environmental and drainage) and deal with replies to enquiries, ensuring your mortgage lender’s requirements are met and the property is legally sound.
Completion, Registration and Post-Purchase Protection
Once all documents are approved and you’re ready to proceed, we’ll arrange for contract signing, handle exchange and completion, and take care of Stamp Duty Land Tax submissions where necessary. After completion, we register your ownership with HM Land Registry and retain all critical documentation on your behalf.
Throughout the entire process, your dedicated solicitor will guide you step-by-step, provide clear updates, and ensure all legal deadlines are met, so your Right to Buy purchase is handled properly, without delay or unexpected costs.
Offer, Exchange and Completion
Once an offer is agreed and the Grant of Probate is in place, contracts can be formally exchanged. After exchange, a completion date is set and, on completion, the ownership transfers and funds are released. The Land Registry is updated to reflect the new owner.
Post‑Completion Matters
After the sale completes, the net proceeds from the property are distributed to beneficiaries in accordance with the will or intestacy rules, and all necessary registrations and paperwork are finalised.
Each of these steps has its own legal requirements and timelines, and delays can occur, particularly at the grant stage or where tax issues arise. Our probate conveyancing team provides hands‑on guidance, clear communication, and expert legal oversight to help the process progress as smoothly as possible.
How do I apply for Right to Buy and what are the main steps?
To apply for the Right to Buy scheme, you’ll need to complete the official government application form (RTB1) and submit it to your landlord, usually the local council or housing association. The process then follows several formal stages, each with legal time limits.
Once your landlord receives your application, they must confirm within 4 weeks (or 8 weeks if they’ve been your landlord for less than 5 years) whether you have the Right to Buy. If they accept, they will send you a Section 125 notice setting out the terms of the sale, including the valuation, your discount, and (if leasehold) service charge estimates.
After receiving the offer, you have 12 weeks to accept or request an independent valuation if you disagree with the price. From there, the legal conveyancing process begins, this includes title checks, reviewing the lease or transfer, mortgage arrangements, and formal completion.
At Clifford Johnston & Co., we guide you through each of these steps, ensuring your application is handled correctly, your interests are protected, and all deadlines are met. We take care of the legal formalities so you can focus on the excitement of becoming a homeowner.
Frequently Asked Questions for Right to Buy Conveyancing
Can I buy my council property?
You may be able to buy your council house through the Right to Buy scheme if you meet certain legal conditions. To qualify, you must be a secure tenant and have lived in a council or other public sector property for at least three years. The home must be your main residence and self-contained, and it must not be scheduled for demolition or subject to other exclusions.
Each case depends on the type of tenancy you hold, your landlord, and your housing history. If you’re looking for, council house purchase legal advice, our experienced solicitors can quickly assess whether you’re eligible and guide you through the process from application to completion. Contact us for a free consultation, we’ll explain your rights and help you take the next steps towards owning your home.
Can I sell my home after purchasing it through the right to buy scheme?
Yes, you can sell your home after buying it under the Right to Buy scheme, but there are important restrictions to be aware of. If you sell within the first five years of purchase, you will usually have to repay some or all of the discount you received. This repayment is tapered, meaning the amount you owe reduces each full year you own the property.
Additionally, if you sell within ten years, you must first offer the property back to your former landlord or another social housing provider at full market value. This is known as the “right of first refusal,” and it applies even if you no longer live in the property.
These restrictions can affect your ability to move, remortgage, or transfer the property—so it’s vital to get legal advice before proceeding with any future sale. Our solicitors will explain these obligations clearly before you commit to buying, so you fully understand your long-term position.
Can I apply for right to buy with someone else?
Yes, you can apply for Right to Buy jointly with others, provided certain criteria are met. You can buy your home with:
- Another tenant who shares the tenancy with you (such as a spouse or civil partner), or
- Up to three family members who have lived with you as their main home for at least the last 12 months, even if they are not listed on the tenancy agreement.
All joint applicants must meet the eligibility requirements and agree to be part of the purchase. Our solicitors will help confirm who qualifies, advise on how to structure the ownership, and ensure everyone’s legal interests are properly protected during and after the purchase.
What happens if I want to extend or alter my right to buy property?
If you want to extend or alter your property after purchasing it through the Right to Buy scheme, you’ll usually need formal permission from your former landlord, especially if the property is leasehold, such as a flat. Many leases contain restrictions on structural changes, extensions, or significant internal alterations, and breaching these conditions can lead to serious consequences.
Even for freehold houses, covenants in the transfer may limit certain works or require consent for planning alterations. It’s essential to check the legal title and lease terms carefully before beginning any project.
At Clifford Johnston & Co., we’ll explain any ongoing restrictions when you buy, and we can also assist later on if you need advice about making changes to your home. Getting the right legal guidance early can help you avoid enforcement issues and protect the value of your property.
Are there any additional costs to the purchase price for right to buy?
Yes, while the purchase price under the Right to Buy scheme is discounted, there are still several additional costs to budget for. These can include:
- Legal fees for your conveyancing solicitor.
- Search fees and disbursements, such as Land Registry and local authority searches.
- Mortgage costs, including lender arrangement or valuation fees if you’re taking out a loan.
- Stamp Duty Land Tax (SDLT), depending on the purchase price and your circumstances.
- Ongoing costs, such as ground rent, service charges, and building insurance if the property is leasehold.
At Clifford Johnston & Co., we provide clear, transparent pricing from the outset. We’ll outline all likely costs at the start of your transaction so you’re not caught off guard later on.
Do I need a solicitor to buy a council property?
Yes, legal representation is essential. Right to Buy purchases involve strict deadlines, complex documents like the Section 125 notice, and potential future obligations, especially if you’re buying a leasehold flat. Our experienced Right to Buy solicitors in Stockport and Manchester will guide you through the process, protecting your rights and ensuring full compliance.
How much discount can I get with right to buy?
The discount you can receive under the Right to Buy scheme depends on how long you’ve been a public sector tenant and whether you’re buying a house or a flat.
- For houses, the discount starts at 35% after three years of tenancy and increases by 1% for each additional year, up to a maximum of 70%.
- For flats, the discount starts at 50% and increases by 2% for each additional year, also up to a maximum of 70%.
However, there is a cash cap on the total discount available, which changes annually and varies by location. If the property has been improved recently by your landlord, this can also affect the calculation.
Our solicitors will check that the discount applied to your purchase is correct and advise if there’s scope to challenge the landlord’s valuation. We’ll also ensure you understand any conditions, including repayment if you sell the property within five years.
How long does right to buy take?
The Right to Buy process typically takes between 3 to 6 months, but this can vary depending on how quickly your landlord processes the application and how complex the legal work becomes.
By law, your landlord must respond to your initial application within a set timeframe, usually 4 weeks to confirm eligibility, and 8 to 12 weeks to issue the formal offer (known as the Section 125 notice). Once you accept the offer, the legal conveyancing process begins, including title checks, mortgage arrangements, and contract preparation.
Delays can occur if there are issues with lease terms, valuation disputes, or missing documents. Our experienced Right to Buy solicitors work efficiently to keep your transaction on track and handle any issues swiftly, ensuring you meet all deadlines and move forward with confidence.
What is section 125 of the housing act?
Section 125 of the Housing Act 1985 refers to the formal offer notice that your landlord must send you if your Right to Buy application is accepted. Known as the Section 125 Notice, this document sets out the key terms of the sale and is one of the most important stages in the process.
It includes:
- The valuation of your home
- The discount you’re entitled to
- The purchase price after discount
- Any known structural problems
- (For flats) detailed information about your lease, service charges, and estimated future costs for major works
You have the legal right to challenge the valuation if you believe it’s too high, but only within a strict deadline. Our solicitors will review the Section 125 notice carefully, explain what it means for you, and help you take appropriate action if anything is unclear or needs to be contested.
Contact Clifford Johnston & Co
If you’re ready to take the step from tenant to homeowner under the Right to Buy scheme, our experienced residential property solicitors are here to guide you. With over 35 years of expertise in residential conveyancing, we provide practical, reliable advice to ensure your purchase is legally sound and financially secure.
We’re trusted by clients across Manchester, Stockport and the wider North West to handle Right to Buy transactions with care, clarity and efficiency. As dedicated Solicitors in Stockport, we’re proud to support local residents in securing ownership of their homes, 9ensuring every aspect of the process is managed with precision and attention to detail.
Clifford Johnston & Co. is accredited by the Law Society’s Conveyancing Quality Scheme (CQS), reflecting our commitment to excellence in property law. We’re proud of the longstanding relationships we’ve built with clients who return to us time and again for trusted legal support.
Call us today for a free, no-obligation consultation with one of our Right to Buy Solicitors. You can also complete our online enquiry form, and a member of our team will be in touch promptly.
We’re here to help and we’ll always respond quickly.
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