Right to Buy - The Key Issues & Pitfalls for Conveyancers

Introduction

In October 2014, it was revealed in a High Court case that ‘Right to Buy’ litigation was in progress involving approximately 9,000 claims of negligence against conveyancers. While most of these claims were believed to have been struck out by the courts on grounds that claim forms were not served in time, the case nevertheless highlights the need for conveyancers to be mindful of ever-present RTB pitfalls.

Negligence in this type of conveyancing may arise as a result of inadequate advice given to clients regarding the sharing of the beneficial interest and/or treatment of the discount; or on account of conveyancers being unaware of key statutory provisions.

Since January 2019, the RTB now only applies in England, where the level of discount has been raised and the qualifying period has been reduced to 3 years.

This essential webinar will cover a range of factors that busy practitioners need to consider when acting for a client on an RTB purchase.

What You Will Learn

This webinar will cover the following:

• Which tenants qualify for the RTB
• The risks of RTB fraud and unlawful subletting
• Entitlement to share the RTB with family members
• What to consider when preparing a RTB trust declaration for family members
• How to follow the first refusal procedure on later disposal
• Permissible terms of the RTB transfer deed/ lease
• Troublesome covenants that apply in rural areas
• The Voluntary Right to Buy - latest developments

This webinar was recorded on 13th September 2021