Helping you to buy a property under the Right to Buy scheme
The Right to Buy scheme gives eligible council tenants the right to purchase their home at a significant discount below market value. Nelsons’ solicitors in Derby, Leicester, Derby, and Nottingham have extensive experience handling Right to Buy transactions. See GOV.UK’s Right to Buy guidance for eligibility information.
Get conveyancing advice today on 0800 024 1976 or via our online enquiry form.
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What is Right to Buy?
Right to Buy is a government scheme allowing secure council tenants to purchase their home at a discount below its market value. The size of the discount depends on how long you have been a qualifying tenant, the type of property (house or flat), and the regional discount cap. As of 2025, the maximum Right to Buy discount is £102,400 outside London and £136,400 in London. Please confirm current figures with us at the time of instruction.
Who is Eligible for Right to Buy?
To qualify for the Right to Buy scheme, you must meet all of the following criteria.
- You must be a secure council tenant or a qualifying housing association tenant (under preserved Right to Buy)
- You must have held a public sector tenancy for at least 3 years
- The property must be your main or only home
- You must not be subject to a possession order or bankruptcy proceedings
How the Right to Buy Conveyancing Process Works
The Right to Buy process follows seven stages from application to completion. Our Client Service Charter sets out the standards you can expect when you instruct us.
- Application (RTB1): You submit a Right to Buy application to your landlord using form RTB1.
- Landlord response: Your landlord must respond within 4 weeks confirming eligibility (or 8 weeks if they have owned the property for fewer than 3 years).
- Offer notice (Section 125): Your landlord issues a Section 125 notice setting out the purchase price, discount applied, and details of the property.
- Instruct a solicitor: At this stage you instruct Nelsons to review the offer, advise on the terms, and manage the conveyancing.
- Searches and title review: We carry out searches, examine the title, and review the lease if the property is a flat.
- Exchange and completion: Contracts are exchanged and completion takes place. The discount is applied to the purchase price.
- Resale restrictions: If you sell within 5 years, you must repay some or all of the discount. We advise you on this obligation at the outset.
Why Choose Nelsons as Your Conveyancing Solicitors?
Nelsons is one of the largest residential property teams in the East Midlands. We hold the Law Society Conveyancing Quality Scheme (CQS) accreditation, are proud members of the Conveyancing Association, and were named Conveyancing Firm of the Year – Midlands at the LEAP Modern Law Conveyancing Awards 2024. Here is what that means for you in practice.
- Law Society CQS accredited: the recognised quality standard for residential conveyancing
- Conveyancing Firm of the Year: Midlands, LEAP Modern Law Conveyancing Awards 2024
- Member of the Conveyancing Association: committed to industry best-practice standards
- A Named Conveyancer Throughout: You’re assigned a dedicated conveyancer for your transaction, so you always know who to call and aren’t passed between departments.
- Transparent pricing: Fixed fees for complete cost certainty from the outset
- Local Knowledge, Three Office Locations: With offices in Derby, Leicester and Nottingham, we understand the local property markets we work in and offer face-to-face appointments where you’d prefer them to a phone call.
- Innovative Processes: most of the process can now be undertaken electronically including the use of electronic signatures for the Contract and Transfer deed.
Speak to Our Conveyancing Solicitors
Ready to move forward, or want to discuss your situation before committing? Our residential property team in Nottingham, Derby, and Leicester is here to help. Get Right to Buy advice advice today on 0800 024 1976 or via our online enquiry form. No-obligation quotes available.
Meet the team
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Chris HuntingfordPartner & Solicitor
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Trevor ScottPartner & Licensed Conveyancer
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Russell HurstLegal Director & Licensed Conveyancer
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Jane BurtonLegal Director & New Build Team Manager
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Joanne JonesPartner & Solicitor
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Right to Buy Solicitors FAQS
Below, we have answered some frequently asked questions concerning right to buy property purchases
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Can I be refused a Right to Buy application?
Your landlord can refuse a Right to Buy application on specific grounds set out in the Housing Act 1985, such as if the property is particularly suitable for older persons, or if possession proceedings are underway. Your solicitor can advise if you believe a refusal is incorrect.
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What is the Right to Buy discount?
For houses, the discount is 35% of the property’s value after 3 qualifying years, increasing by 1% for each additional year up to a maximum of 70%. For flats, the discount is 50% after 3 years, increasing by 2% per year up to 70%. A maximum cash cap also applies, which varies by region.
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What are the resale restrictions under Right to Buy?
If you sell the property within 5 years of completion, you must repay some or all of the discount: 100% in year one, 80% in year two, 60% in year three, 40% in year four, and 20% in year five. After 5 years, no repayment is required.
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Can I use a mortgage to fund my Right to Buy purchase?
Yes. Many high street lenders offer mortgages for Right to Buy purchases. The discount can often act as your deposit. We liaise with your mortgage lender as part of the conveyancing process.
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What is the difference between Right to Buy and Right to Acquire?
Right to Buy applies to secure council tenants. Right to Acquire is a separate scheme for housing association tenants who do not have preserved Right to Buy rights. The discounts under Right to Acquire are generally lower.
Get in touch
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