The Preserved Right to Buy Scheme allows secure tenants of Havant Borough Council on 30 January 1994, now The Guinness Partnership, to enjoy the same discount and privileges as the Right to Buy Scheme that operated under Havant Borough Council. It also allows those tenants to have one transfer to another property managed by what was Hermitage Housing (now The Guinness Partnership), and still retain the same rights.
Discount entitlement and discount repayment criteria
The discount entitlement is set by the government and the amount depends on how long you’ve been a public sector tenant. This includes time spent with Havant Borough Council, housing associations, in the armed forces and certain other public sector bodies. Your RTB1 (application form) will list all the relevant public sector organisations.
Any Preserved Right to Buy application made after 18 January 2005 will require the seller to repay the discount they received over five years, not three years as was the previous requirement.
Also if the property is to be resold within the first 10 years of purchase, The Guinness Partnership must be given the right of first refusal to re-purchase the property back from you. Both of the above conditions will be enclosed in the deeds of sale of the property and also noted with HM Land Registry.
If sold within the first year of purchase, the whole discount will have to be repaid:
- four fifths must be repaid if sold in the second year
- three fifths must be repaid if sold in the third year
- two fifths must be repaid if sold in the fourth year
- one fifth must be repaid if sold in the fifth year.
In addition, the amount of discount to be repaid will be a percentage of the resale value of the property (disregarding the value of any improvements).
In order to be eligible for the Preserved Right to Buy, the following conditions must be met:
- you must have been a secure tenant of Havant Borough Council on 30 January 1994.
- you must have spent at least two years as a public sector tenant if your tenancy started before 18 January 2005.
- you must be a protected assured tenant of Hermitage Housing (now The Guinness Partnership). If you are on an introductory, assured shorthold or service tenancy, your application will be refused.
- You may be able to exercise your Preserved Right to Buy with other members of your family who have lived with you for at least 12 months and are registered with The Guinness Partnership as living in your property.
- We will require proof of residency.
- You may be refused the Preserved Right to Buy if your property is classed as sheltered accommodation, or it is particularly suitable and has custom design features for occupation by elderly/sick or disabled people. This includes the services of an on-site or locality based warden, a lifeline telephone and access to a communal lounge/area.
- If you have been to court over rent arrears, and the judge has issued a suspended or postponed possession order, your application may be cancelled. The Guinness Partnership will advise on all court rulings if the tenant has an on-going Preserved Right to Buy application with us.
- If you’re refused the Preserved Right to Buy, or the Right to Acquire, you may appeal to the Department of Communities and Local Government (DCLG). This must be done in writing within 56 days of being refused by us.
Freehold and leasehold purchases
If you purchase a house under the Preserved Right to Buy Scheme, you will be purchasing the freehold of the property. This means you’ll buy the structure of the property and the garden areas around your house and you’ll be solely responsible for any repairs and maintenance to this area. However there may be communal areas, whose maintenance you will be required to contribute to under a service charge.
If you purchase a flat under the Preserved Right to Buy Scheme, you will be purchasing the leasehold of the property. This means that The Guinness Partnership will retain an interest in the property and you’ll be liable for annual service charge payments for the duration of the lease. Please refer to the homeowner section of this website for further details.
The Department of Communities and Local Government website contains the most comprehensive information on all home ownership schemes operated by local authorities and residential social landlords. We’ve provided links to the information we feel will be of interest to you:
There are a number of websites that you can use to give you an idea of how much properties are being sold for in your area:
These sites can give you an early indication of what your property may be valued at, but please note the valuation provided by our independent valuation office may differ. You’re allowed to challenge the valuation provided via the District Valuation Office whose ruling will be final.