• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Right to Buy Query

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Right to Buy Query

    Just wondering if anyone knows the legalities surrounding RTB. As at August 2009, I had an assured tenancy with the Preserved Right to Buy following a stock transfer from LA. In the same month I undertook a mutual exchange by deed of assignment to a property owned by Sanctuary Housing At the time I was advised by Sanctuary Housing that my PRTB would follow me to their property but I was mis-informed in writing by them and in fact lost my PRTB as this stayed with the tenancy at the above address. In August 2010 after both parties met up and decided neither were happy, we decided to undertake a mutual exchange back to our respective homes. At this point I took advice from Sanctuary and Yorkshire Housing and both confirmed that the PRTB would transfer back to me along with the tenancy. I am now being told this is not the case? Anyone able to help at all?
    Tags: None

  • #2
    Re: Right to Buy Query

    Originally posted by jorainbow View Post
    Just wondering if anyone knows the legalities surrounding RTB. As at August 2009, I had an assured tenancy with the Preserved Right to Buy following a stock transfer from LA. In the same month I undertook a mutual exchange by deed of assignment to a property owned by Sanctuary Housing At the time I was advised by Sanctuary Housing that my PRTB would follow me to their property but I was mis-informed in writing by them and in fact lost my PRTB as this stayed with the tenancy at the above address. In August 2010 after both parties met up and decided neither were happy, we decided to undertake a mutual exchange back to our respective homes. At this point I took advice from Sanctuary and Yorkshire Housing and both confirmed that the PRTB would transfer back to me along with the tenancy. I am now being told this is not the case? Anyone able to help at all?
    Hello Jorainbow

    You're speaking in technical legal terms and linking sentences up which together is confusing. Break this down for me. RTB = right to buy? What does PTRB mean, right to buy, in some form? Would I be correct in stating you were made the offer to purchase your property from your local council Aug 2009 under the statutory 'right to buy' scheme? What evidence did you have to prove this transaction or contract? Next, are you also saying that the council assigned your RTB to another company Sanctuary Housing) which affected your right to buy? Do you still want to buy your council/ tenanted property?

    Comment


    • #3
      Re: Right to Buy Query

      Originally posted by Openlaw15 View Post
      Hello Jorainbow

      You're speaking in technical legal terms and linking sentences up which together is confusing. Break this down for me. RTB = right to buy? What does PTRB mean, right to buy, in some form? Would I be correct in stating you were made the offer to purchase your property from your local council Aug 2009 under the statutory 'right to buy' scheme? What evidence did you have to prove this transaction or contract? Next, are you also saying that the council assigned your RTB to another company Sanctuary Housing) which affected your right to buy? Do you still want to buy your council/ tenanted property?

      Apologies - RTB is Right to Buy and PRTB is Preserved Right To Buy - I didn't buy my property in 2009 as I did a mutual exchange to a Sanctuary Housing property but we then mutually exchanged back. The question relates to the fact I was advised the preserved right to buy would stay with the tenancy as they are mutually exchanged by deed of assignment and I would get it back when I was reassigned my tenancy but now I want to buy I am being told this is not the case.

      Comment


      • #4
        Re: Right to Buy Query

        Originally posted by jorainbow View Post
        Apologies - RTB is Right to Buy and PRTB is Preserved Right To Buy - I didn't buy my property in 2009 as I did a mutual exchange to a Sanctuary Housing property but we then mutually exchanged back. The question relates to the fact I was advised the preserved right to buy would stay with the tenancy as they are mutually exchanged by deed of assignment and I would get it back when I was reassigned my tenancy but now I want to buy I am being told this is not the case.
        What proof do you have you were either offered an RTB by the council, and or that the it would be protected right to be preserved (until a later dat etc)? Who is your claim against, the Council?

        Comment


        • #5
          Re: Right to Buy Query

          I had the preserved right to buy having been a tenant for 16 years prior to the exchang and following the council selling the stock. I aren't claiming against anyone just asking if the advice I was given is correct based on the rules surrounding right to buy and mutual exchanges. I was given conflicting advice. Hope this clears things

          Comment


          • #6
            Re: Right to Buy Query

            Originally posted by jorainbow View Post
            I had the preserved right to buy having been a tenant for 16 years prior to the exchang and following the council selling the stock. I aren't claiming against anyone just asking if the advice I was given is correct based on the rules surrounding right to buy and mutual exchanges. I was given conflicting advice. Hope this clears things
            It just depends on whether you have proof by way of documents for the RTB etc. I am aware of RTB and it should have been a binding contracting if they made an offer to you and you accepted. They could argue it was an invitation to treat, ie open to offers but they could choose whether they wanted to accept.

            Comment


            • #7
              Re: Right to Buy Query

              I haven't applied to buy the property yet t I am trying to find out if the mutual exchange changed my right to buy.

              Comment


              • #8
                Re: Right to Buy Query

                To update my landlord has advised that when I mutually assigned my tenancy I lost the preserved right to buy and this transferred to the new tenant as it stays with the tenancy. I have been told that this however did not transfer back to me when we mutually exchanged back to our original homes which doesn't seem logical. Can anyone either help or point me in the direction of the type of legal firm I would need to confirm this with? Thanks

                Comment


                • #9
                  Re: Right to Buy Query

                  Originally posted by jorainbow View Post
                  To update my landlord has advised that when I mutually assigned my tenancy I lost the preserved right to buy and this transferred to the new tenant as it stays with the tenancy. I have been told that this however did not transfer back to me when we mutually exchanged back to our original homes which doesn't seem logical. Can anyone either help or point me in the direction of the type of legal firm I would need to confirm this with? Thanks
                  Call the council or the body that regulates landlords/ housing associations etc. Failing that, show us the contract dealing with the aforesaid details.

                  Comment


                  • #10
                    Re: Right to Buy Query

                    Thanks I will give them a call for advice. I'm unsure what contract I could produce. I haven't entered into one.

                    Comment


                    • #11
                      Originally posted by jorainbow View Post
                      Re: Right to Buy Query

                      Thanks I will give them a call for advice. I'm unsure what contract I could produce. I haven't entered into one.
                      Hi
                      I know this is a very old post but what was the outcome of this ? I am currently having trouble similar. I did a mutual exchange by deed of assignment however I was the other party in where I was advised I inherited the PRTB, Which indeed I put in for 2 years later and was granted no trouble however due to personal circumstances was unable to purchase at the time. My HA are now advising on applying again that this was never passed over to me on exchange and the original tenant kept this and I have been misadvised and it was granted in error !! so if this is correct your Preserved right to Buy should have stayed with you originally on exchange and also on exchanging back

                      Comment


                      • #12
                        How long had you been a council tenant prior to exchanging ? You wouldn't have inherited the person you exchanged with's right to buy but should have carried yours with you.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Originally posted by Amethyst View Post
                          How long had you been a council tenant prior to exchanging ? You wouldn't have inherited the person you exchanged with's right to buy but should have carried yours with you.
                          Hi,

                          I wouldn't have Right to Buy in my own Right as I only because a tenant after the council sold the stock. I would only have the Right to Acquire myself the tenant I exchanged with has the preserved right to buy . This I would have been quite happy with to be fair. I have been a tenant myself for 9 years. It is just that the Housing association went out of there way to advise that this happened when we signed the Deed of Assignment and have also granted it me once despite me writing all over the right to buy form that on their advice I had inherited it from an exchange.
                          I did think it was strange at the time back in 2012 however on speaking to other mutual exchange tenants they had been told the same so I applied for it and they confirmed I had it by offering the sale of the house

                          Comment


                          • #14
                            Hi! I have only just seen these replies!! Does this mean then I should have taken the PRTB with me and then when we exchanged back it followed me? I have just looked into this again and it's very confusing! Who would be the best point of contact to get clarification?

                            Comment


                            • #15
                              Your RTB is yours, not the properties.

                              What's the actual situation ? You lived in a council house which was sold to a Housing Association, you did a mutual exchange with someone who had a property with a different Housing Association, then exchanged back after a bit and are now back in your original house.

                              Have you made an application to buy the house and been given less discount than you thought you should be entitled to ?

                              This
                              To update my landlord has advised that when I mutually assigned my tenancy I lost the preserved right to buy and this transferred to the new tenant as it stays with the tenancy.
                              is simply wrong.



                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X