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COUNCIL RIGHT TO BUY: Your Right to Buy your home
Right to Buy: Repayment of discount
If you have bought your home under the Right to Buy, you can sell it whenever you like. But if you wish to sell within the ‘discount repayment period’ specified below you will usually have to repay some or all of the discount. The amount you repay will depend on when you made your application to buy.
If you applied for the Right to Buy before 18 January 2005 and sell within 3 years of buying your home.
If you sell within the first year after your purchase, the whole of the discount will have to be repaid. Two thirds must be repaid if you sell in the second year, and one third in the third year. After 3 years, you can sell without repaying any discount. The discount is the sum you actually received when you purchased your home.
If you apply for the Right to Buy from 18 January 2005 onwards and sell within 5 years of buying your home.
If you sell within the first year of purchase, the whole discount will have to be repaid. Four fifths must be repaid if you sell in the second year, three fifths in the third year, two fifths in the fourth year and one fifth in the fifth year. After 5 years, you can sell without repaying any discount. In addition, the amount of discount to be repaid if you sell within 5 years of purchase will be a percentage of the resale value of the property, disregarding the value of any improvements.
For example, if
• your home was valued at £100,000 at the time you bought it from your landlord, and you received a discount of £20,000, that means that your discount was 20%.
If your home is valued at £150,000 when you wish to sell it, and you want to sell within the second year of purchase, you will have to repay £150,000 x 20% discount x 4/5 i.e. £24,000.
Certain sales or transfers are exempt from the requirement to repay discount, e.g. transfers between certain family members. In addition, if you would face hardship by having to repay discount, and your circumstances justify it, your landlord can decide not to ask you to pay some or all of what you owe.
From 18 January 2005, if in advance of your purchase, or within the ‘discount repayment period’ you enter into an agreement to transfer your property to a third party in the future, then this will trigger repayment of your discount. Discount repayment is triggered from the date that you enter into the agreement. So, for example, if you enter into such an agreement before you have bought the property or during the first year after buying, you will have to repay the full amount of discount you received.
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© Crown Copyright (Correct at time of writing January 2005. Please check with your financial services provider for any changes.)
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