Preserved right to buy and mutual exchange

[Amethyst]

Good for you - escalate through the ombudsman - even if it doesn't get you the discount you were offered it should hopefully prompt an investigation into this and get some changes made so it doesn't happen to others... be too much to expect that people affected will be compensated, but maybe the rtb reinstated where they were told they'd lost it.

I think some FOIs are in order to get the figures on RTBs where this HA are involved though- see if it shows how widespread this has been. Overall stats here https://www.gov.uk/government/statis...-housing-sales but think specifics on mutual exchanges might be of interest.

[Burkep9461]

I have a strange suspicion it was done to sell properties as they were struggling financially so they figured the new tenant might buy the old one didn’t but this is just a feeling I get ha they have since merged with golden gates HA so are no longer financially struggling so now don’t want to sell however this could all just be the result of my brain doing overtime over the whole situation ha ha !! They need to look into it they then need to write letters to everyone that has done a mutual exchange with someone with the preserved right to buy and inform them all they still have it and inform the new tenant no sorry you don’t before there ends up being hundreds of people like me spending years thinking they can buy at the discount and can’t . I am not sure what FIO s means sorry I am not used to all this ha ha xx I am very clued up on HA and PRTB and RTB now tho strangely ha

[Amethyst]

haha funny how quickly you can become an expert in things....I might have to give you a shout if I run into to problems with mine

FOI is Freedom of Information request - https://www.gov.uk/make-a-freedom-of...mation-request - the stats for your area that are published are a little rubbish as when it went to private housing association the figures just went to 0.

You mentioned in your first post a deed of transfer/assignment etc of the tenancy - is there anything in there about assignment of right to buy ?

Wonder if there was confusion with the Localism Act - just reading this https://www.wrighthassall.co.uk/know...-localism-act/ about 'stepping into each others shoes' and wrongly including RTB in there.

[Burkep9461]

I got the deed of assignment along with the other massive pile of crap they hand delivered to me whilst Omitting the 43 pages that i actually bloody well wanted and somehow struggle to understand how they missed them when they provided me a copy in this pile of crap of my right to buy application from this time so had clearly gathered information from that department for my SAR lol. It doesn’t specifically mention right to buy however number 4 on this says something along the lines of assigning it won’t affect any of the terms and conditions. Even more frustrating ha the tenancy says you have the Preserved right to buy and the right to acquire thought I had it nailed with just that page but then they came back with that is just to reaffirm you have it if you had it initially but it isn’t in any of the post 2002 tenancys after the stock sale which I find a bit bizarre as it should be in all tenancies then in case someone with PRTB exchanges with someone without and they still have it

[Burkep9461]

I have read the that act also I have read so much housing law crap lately it is unreal ha I am an expert in housing law all I could gather was from the shelter advice page that states that PRTB doesn’t pass on exchange as there is no law to cover this eventuality so it is all a bit of a black hole ha

[Amethyst]

How you getting on ? - it's a bit of a slow process I know.

We went up to the Council office to give in our RTB app couple days ago. The person at the desk started asking about previous tenancies so they could be added to the discount. We explained that we didn't have any but it came up that back in the nineties my other half had had a council tenancy through both his previous marriages - but that he'd excercised his RTB and bought the second house using the discount so it really wasn't valid to add to our application. Took us quite a while to try convince her and she made phone calls to check, in the end we just said we'd rather just not include it ( as we know it's not valid and don't want to make things complicated ) but if we weren't so clued up on things we might have gone ahead thinking we could get another 10 years added on to our discount period …. arrrghhhhh. Just thought you'd appreciate that with what you've been through.

I had meant to ask her about previous tenants and exchanges... but after that palava and losing my mind talking about ex-wives haha it went out of my mind.

[Burkep9461]

Still waiting for a response from my second complaint ha ha I have no doubt it will come back as the same as my first but am hoping they tell me I can’t take it any further with them at this point then I can go to the onbudsman aa it is doing my head in keep sending letters now and getting the same response I nipped into citizens advice on Friday they said they have never seen anything like it before but understood my annoyance told me to get a specialised solicitor or to go to the onbudsman which is the way I will go as otherwise it will cost me a fortune ha

[Burkep9461]

Well as suspected their response was the same ha ha I am now at the ombudsman they have liaised with Helena to try and seek a resolution otherwise they will formally investigate ha ha after this I am giving up

[Amethyst]

Any movement through the ombudsman ?