Right to Buy & the New Voluntary (Housing Association) Right to Buy - The Key Issues Explored for Conveyancers

Introduction

'Right to buy' litigation in 2014, which involved approximately 10,000 claims of negligence against conveyancers, prompted the SRA to announce its concerns about potential right to buy claims.

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 treatment of the discount; or as a result of lack of knowledge of key provisions of the Housing Act 1985.

There have reportedly been 1.98 million right to buy sales in the period between the start of the scheme in 1980 and the end of March 2020.

On 9th June 2022, the government pledged to extend the new voluntary right to buy to 2.5m housing association tenants in England.

This virtual classroom seminar covers a range of factors that busy practitioners and property professionals need to take into account when acting for a client on a right to buy purchase.

What You Will Learn

This live and interactive session will cover the following:

• Which tenants qualify for the right to buy
• The growing reported increase in RTB fraud and unlawful subletting
• What to consider when you are asked to prepare a trust declaration for family members
• What could happen if the tenant is in breach of the tenancy agreement
• Working out the qualifying period and ascertaining whether the discount is repayable
• Correctly following the first refusal procedure on later disposal
• Terms of the RTB transfer deed
• Service charges and repair provisions in the RTB lease
• Limitations that apply in rural areas
• Any updates to the law in this area that may happen from time to time
• Lessons that can be learned from decided cases
• The latest developments with the new voluntary right to buy
• Likely similarities between the voluntary right to buy and the existing right to buy

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.