Right to Buy

Who is eligible

You can apply for the Right to Buy scheme if you are a secure tenant of Welwyn Hatfield Borough Council and you:

  • have the minimum qualifying tenancy period of 3 years public sector tenancy. The 3-year period does not have to be consecutive and can include your current tenancy and any previous public sector tenancy*. 
  • or have lived in H.M. Armed Forces accommodation for at least 3 years (qualfying period).
  • live in a house, bungalow, flat or maisonette which the council owns or on which it holds an appropriate lease
  • are purchasing either in your sole name; or jointly with other people named on the secure tenancy. On a joint tenancy, the Right to Buy belongs to all tenants so you can either buy jointly; or individually where the other tenants agree to this
  • occupy the property as your only or principal home

*this includes other councils, housing associations, the Commission for the New Towns and National Health Service Trusts.

You may also be able to count the tenancies held by your current or former husband, wife, or civil partner, or, in if you have a succession, your parents towards the qualifying period.

Who does not have the right to buy their home?

You are not eligible for the Right to Buy scheme if you:

  • do not have a secure or flexible tenancy
  • have an introductory tenancy
  • have lost your status as a secure tenant (for example by not living in your home as your main residence, or by subletting your home to other people)
  • your tenancy has been demoted.

Even if you have a secure tenancy or a flexible tenancy and the correct qualifying period, you may still not be able to buy. You do not have the Right to Buy if:

  • You or someone you hold the tenancy with is subject to an order of the court for possession of the property
  • You or someone who is joining in the Right to Buy with you:
    • You are considered to be un-discharged bankrupt, there is a bankruptcy petitition pending against you, or unfulfilled arrangements with creditors
    • Benefits from a moratorium period under a debt relief order is subject to a suspension period under an order made under section 121A of the Housing Act 1985 due to anti-social behaviour
    • You are subject to a possession order (or a hearing has been applied for and is awaited).
  • The property is let for the purpose of housing disabled persons or elderly persons or persons with a mental disorder; and has substantially different features to ordinary dwellings.  Such as being part of a sheltered or other housing scheme.
  • We intend to demolish your home
  • The property is within the boundaries of a building held by the landlord for purposes other than housing and was let to the tenant (or a predecessor) for the purposes of employment
  • The property is held by the landlord on a tenancy from the Crown

You can find a full list of the exceptions to the Right to Buy in Schedule 5 of the Housing Act 1985.