Legal action over being denied Right to Buy?

by Readers Question

10:05 AM, 5th April 2016
About 5 years ago

Legal action over being denied Right to Buy?

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Legal action over being denied Right to Buy?

I live in a bungalow that is owned by a local council, I applied to buy the property under the Right to Buy Act 1985, but have been told I cannot buy it as it is suitable for occupation by the elderly (Over 60’s). UN

It has no modifications as such, no hand rails, there are 3 steps into the property. It does however benefit from a walk in shower.

I am myself disabled and receive Higher rate DLA and the severely disabled premium in ESA.

Personally I would like to appeal, but was wondering do I have any recourse to the Law, for instance The Equality Act 2010, or The UN convention on Disability rights which the UK signed up to in 2007?

Any suggestions ?

Help would be much appreciated.

Vince


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Comments

Neil Patterson

10:09 AM, 5th April 2016
About 5 years ago

Hi Vince,

I would certainly appeal and threaten the Council you will take it as far as you can.

I think councils will be less likely to want to sell off property after the all out attack on Landlords by the government. Over 50% of social housing is now supplied by the Private sector, therefore it will not take Councils long to realise they could be in trouble with no external assistance. Hence why they could be trying to stall on your purchase.

Inaaka812

8:22 AM, 5th July 2018
About 2 years ago

I fing myself in a similar position. Difference is, initially my right to buy my bungalow was accepted, valuation done, but then not issued with section 125! On enquiry about lack of progress, I was sent denial of RTB the bungalow as 'suitable for elderly'. I have a Preserved Assured Tenancy, which gives me the right to buy. I also have a disability which is the reason I was housed in this property over twelves years ago because it is particularly suitable for my circumstances. Has anyone experienced this scenario? I have both an acceptance and denial letter.! Can my landlord do this?

Inaaka812

3:08 AM, 20th October 2018
About 2 years ago

UPDATE!
Small victory for the common Man or woman. I appealed to the the third tier property tribunal. Fee £100 Oct 2018. HA decision to deny RTB overturned in my favour. HA could not explain why they had housed me in property that was suitable for elderly when I obviously was Not. Now waiting for offer to be made. Don't give up. Fight for what you are entitled to.

Lynnj

20:08 PM, 1st February 2019
About 2 years ago

Hi, my parents have just been denied RTB due to property suitable for elderly persons. My father was 60 when this tenancy began, my mum was 58. Any is
Deals on how we can appeal this decision?

Abby

0:48 AM, 13th July 2019
About A year ago

Hello

I applied for the right to buy but it was denied because the house is suitable for disabled persons. The council fitted a stairlift and wetroom upstairs 2 years after I moved in. However, the Act states that there are other criteria that needs to be met such as it needs to be part of a group of dwellings suitable for disabled persons and have special facilities nearby, none of which apply in my case. Does anyone know how I can appeal? Any suggestions would be helpful. Thanks in advance

Inaaka812

4:34 AM, 8th October 2019
About 12 months ago

Reply to the comment left by Abby at 13/07/2019 - 00:48
Try using the appeal process. You can request the form from your landlord. They should have given you that option when they denied the RTB. You then send this to The Third Tier Propery Tribunal. They are independent and they will ask you whether you prefer a paper or in person interview. I chose the latter. In my case they visited , saw the property and ruled in my favour. Good luck !

Puzzler

11:30 AM, 8th October 2019
About 12 months ago

These types of properties are excluded from the scheme presumably so as not to reduce the stock of such housing in the public sector which has the most demand for it


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