Right to Acquire

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

If you are a housing association tenant, you may be able to get a discount to buy the home you currently rent. This is called the Right to Acquire. This section explains the discounts that may be available and how they work.

Am I eligible?

Being a housing association tenant doesn't automatically give you the Right to Acquire. You must have been a council, housing association or armed forces tenant (or a combination of these) for a total of at least:

  • two years if your tenancy started before 18 January 2005
  • five years if your tenancy started on or after 18 January 2005

Even if this is the case, you may be excluded if:

  • the property isn't your only or main home
  • your home isn't self-contained
  • you live in sheltered housing where services are provided
  • your home has been designed or adapted for people with special needs
  • your home is provided as part of your job (for example, if you are a caretaker).

Furthermore, only some housing association properties can be bought under the Right to Acquire. Your home must have been:

  • built or bought by the housing association after 1 April 1997, and
  • paid for through a particular type of grant (a 'social housing grant').

If you used to be a council tenant but your home has been transferred to a housing association, contact a local advice centre. You may still have the Right to Buy with the same conditions as a council tenant. The Right to Acquire is similar to the Right to Buy, but the discounts are usually lower and fewer properties qualify.

If you are not sure whether you have the Right to Buy or the Right to Acquire, get advice. Use our directory to find a Shelter advice centre, Citizens Advice or other advice centre in your area.

How much is the discount?

Right to Acquire discounts are fixed in each area by the government. They normally vary from £9,000 to £16,000, depending on where you live. However, if you live in an area where property prices are low you may get less than this. The maximum discount you can get on any property is 50 per cent of the value of the property.

It may be difficult to keep up with the ongoing expenses of being a homeowner if you have a very low income. Whatever type of scheme you want to buy through, you will need a reasonable income to get a mortgage. Many schemes have a minimum and maximum income level which you will have to meet to be eligible. (Most will not accept people on means-tested benefits or people who can afford to buy on the open market.)

How do I apply?

To apply for the Right to Acquire, ask the housing association for the Right to Acquire claim form (RTA1). Complete and return the form and keep a copy for your records. The housing association has to tell you whether you are eligible within four to eight weeks.

If you have the Right to Acquire, the housing association has to send you a formal written notice, which describes the property and explains:

  • the terms and conditions of the sale
  • the market value of the property
  • the discount you will get and how it is calculated
  • estimates of any service charges you will have to pay
  • details of any structural problems that the council is aware of.

The housing association may offer you a choice between your existing home and other properties it has available. It doesn't have to do this and you don't have to accept something else if your current home also qualifies.

If the housing association says you don't have the Right to Acquire, it has to tell you why. If you think the decision is wrong, you may be able to appeal. Get in touch with a local advice centre if you are in this situation.

What if I want to sell it later?

If you decide to sell your home within the first three years or it is repossessed by your mortgage lender during that time you will have to repay some or all of the discount. How much you have to pay back depends on how soon after you buy this happens:

  • If it happens within one year, you have to pay it all back
  • If it happens within two years, you have to pay back two thirds
  • If it happens within three years, you have to pay back one third.

Where can I get more information?

Contact the housing association you rent from and get a second opinion from a local advice centre if you are not happy with their response.

You can also download the official Guide to the Right to Acquire.

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