Selling your Flat
The Council will charge Solicitors for any enquiries they make about the proposed sale. All enquiries require the collation of information from a variety of departments which may in some cases cause delays.
If you bought your home under the Right to Buy, you could sell it whenever you like but if you wish to sell within the discount repayment period 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.
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.
Certain sales or transfers are exempt from the requirement to repay discounts, e.g. transfers between certain family members. In addition, if you would face hardship by having to repay discount, we may decide not to ask you to pay some or all of what you owe.
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 it, you will have to repay the full amount of the discount you received).
If you purchased your home under the Right to Buy scheme and you wish to resell or dispose of it within 10 years, you will be required to offer it to back to your landlord or to another social landlord in your area at full market value. If your offer is not accepted within 8 weeks, you will be free to sell the property on the open market.
It is the responsibility of your purchaser's solicitor to make sure the Council receives a copy of the Notice of Assignment.
Leaseholders may be able to sublet their property, subject to written consent from the Council. Leaseholders will be required to complete the Sublet Consent Application and Leaseholder Contact Details Form (if applicable). Leaseholders are advised to refer to their lease for clarification. A fee will be payable as per the lease.
If a leaseholder is authorised to sublet their property, they will become a landlord and will be subject to the legislation and regulations imposed on landlords.
Leaseholders are expected to obtain relevant legal advice on their responsibilities as a landlord.
There are other points you should consider:
- You should seek the consent of your bank or building society as it may be a condition of your mortgage that you are living in the property.
- You should also tell the Council that you are subletting so that they can tell the insurance company to prevent any claim you make being nullified.
- You should seek the advice of your contents insurer - to make sure that any claim you may make isn't null and void.
- You are responsible for paying the service charges. You must therefore always tell the Council of the address to which it should send the invoices. If the bills are not paid, proceedings will be taken against you and not the occupiers.
- You are responsible for your sub-tenant and the Council will contact you or your managing agent if any problems arise from their behaviour.
- The restrictive covenants will still apply while you are not living at the property and should there be a breach, the Council will seek remedy from you not your sub-tenant.
- You will need to tell the Home Ownership Officer if your property is to be vacant for any length of time.
- You will need to ensure that all gas and electrical safety standards are met.
- You will also need to complete a Sublet Consent Application and Leaseholder Contact Details Form.
Please see the Sublet Consent Application Form (pdf) (185KS) (Opens in a New Window)