RIGHT TO BUY ELIGIBILITY · ENGLAND
Can you buy the council home you live in?
Possibly. The key questions are who your landlord is, what type of tenancy you hold, how long you have rented from a public-sector landlord and whether your home qualifies. Your landlord must confirm your Right to Buy; a mortgage is a separate decision.
Start with four checks
Right to Buy is a housing right, so begin with the tenancy and property. Do not pay for a mortgage application on the assumption that a discount is already available.
1. Your tenancy
Are you a secure tenant of a council or another qualifying Right to Buy landlord? If your home moved from council ownership to a housing association, ask whether you have Preserved Right to Buy.
2. Your time as a tenant
Under the current England rules, you generally need at least three years with a public-sector landlord. Those years do not have to be consecutive. Keep previous tenancy details if you have moved.
3. Your home
It must be your only or main home and self-contained. Some homes are excluded, including certain sheltered or specialist housing and homes due for demolition.
Only the landlord can confirm whether you and this particular home qualify. The government’s detailed guide explains the exceptions. The rules in Wales, Scotland and Northern Ireland are different.
When the answer needs a closer look
Your home is now owned by a housing association
A former council tenant who lived in the property when it transferred may have Preserved Right to Buy. That is different from assuming every housing association tenancy carries ordinary Right to Buy. Ask your landlord which scheme, if any, applies to your home. Our Right to Buy mortgage guide covers the separate financing journey.
You want to buy with someone else
The scheme can allow a joint application with someone sharing your tenancy or, in certain circumstances, up to three qualifying family members who have lived with you for the past 12 months. The landlord checks the people named on the purchase. If you need a mortgage, the lender checks proposed borrowers under its own rules. Settle both questions before relying on a relative’s income.
You have rent arrears or debt problems
You can apply with rent arrears, but the landlord is not always required to complete while payments remain overdue. A possession order or particular insolvency status can change eligibility. Do not hide arrears or assume that clearing one account settles every issue. Ask for the landlord’s written position and seek independent debt or housing advice where needed.
Receiving benefits is a different question. See our Right to Buy and benefits guide for scheme eligibility, mortgage income and potential benefit changes without confusing those three decisions.
See how clients describe the advice
Right to Buy can involve a landlord decision, a mortgage assessment and legal work. It helps to hear how an adviser explains choices before sharing your circumstances.
We link to the live Google profile rather than selecting a quote for this guide.
If your landlord says you cannot buy
Ask for the refusal and its reason in writing. A property exemption, tenancy issue and legal restriction are not the same problem, and the challenge route may differ. The GOV.UK appeals guidance sets out the routes for particular decisions. Deadlines can be short, so get housing or legal advice promptly rather than waiting for a mortgage decision.
If your landlord accepts that you qualify but you disagree with its valuation or discount, that is an offer question. The landlord-offer guidance explains what the written offer should contain. A valuation challenge goes through the District Valuer; it is not the same as appealing an eligibility refusal.
A practical order for your next steps
- Confirm the housing right. Ask your landlord about your tenancy, any previous public-sector tenancy and whether the property can be sold. If appropriate, apply using RTB1 and keep the response.
- Check the full ownership cost. The discount is only one figure. Allow for legal work, repairs, insurance, council tax and, for a flat, service charges and major works. Our deposit and buying-cost guide explains cash needs separately.
- Discuss borrowing before committing. Give an adviser the landlord’s figures, outline income, savings and credit concerns. A lender may not accept the property, the borrowing amount or your circumstances. A landlord offer is not a mortgage offer.
- Use a conveyancer. Have the sale terms, title and any lease explained before deciding to proceed.
There is no blanket rule that you must live in the home for five years after buying. If you sell within five years, you will usually have to repay some or all of the discount. A sale within ten years can require you to offer the property to your former landlord first. Check the current resale rules and your purchase documents.
When you have an offer, see the Right to Buy mortgage hub for the purchase and finance stages. If credit history is the concern, the Right to Buy with bad credit guide owns that separate question.
Common questions
Can I buy my council house after three years?
Three years of public-sector tenancy is one condition under the current Right to Buy rules in England. The years need not be consecutive. You must also meet the tenancy and home conditions, and your landlord must confirm that the property can be sold under the scheme.
Can I apply if I owe rent?
Rent arrears do not automatically stop you applying. They can affect whether your landlord must complete a sale, and a possession order can change your Right to Buy position. Speak to your landlord about the arrears and get independent debt advice where needed.
Can I buy with a family member who is not on the tenancy?
Some joint applications can include up to three qualifying family members who have lived with you for the required period. Your landlord checks who can join the purchase. A lender makes a separate decision about who it will accept on a mortgage.
Can I buy if my council home was transferred to a housing association?
You may have Preserved Right to Buy if you lived in the home when it transferred from the council to your current landlord. Ask the landlord to check your tenancy history and the property. Other housing association tenants may have different purchase rights.
What if my landlord says I cannot buy?
Ask for the reason in writing and check it against the current scheme rules. The route and deadline for challenging a refusal depend on the reason, so seek housing or legal advice promptly. A mortgage adviser cannot overturn the landlord’s decision.
Does being eligible mean I can get a mortgage?
No. Right to Buy eligibility is decided by your landlord. A lender separately assesses income, spending, credit history, the property and its own criteria. A discount or landlord offer is not a mortgage approval.
Sources and limits
This is a guide to the current Right to Buy position in England. The landlord decides scheme eligibility, a lender decides whether to offer a mortgage and a conveyancer can advise on the purchase documents. None of those outcomes is guaranteed by this guide.
- GOV.UK Right to Buy overview — core tenancy, home and joint-application conditions.
- Your right to buy your home: a guide — exceptions, preserved rights, arrears and resale rules.
- GOV.UK appeals and landlord’s offer — distinct challenge routes.
- GOV.UK discounts — current and earlier-application limits.
Sources checked 13 October 2026. Rules and lender criteria can change. This is general information, not personal legal or mortgage advice.
Useful next reads
Ready to check the mortgage side?
Tell Count Ready whether your landlord has confirmed eligibility, whether you have an offer, and your approximate income and savings. An adviser can explain what needs checking before an application. Keep identity documents and bank statements out of the general enquiry form until a secure route is agreed.
The initial evaluation has no fee; later charges are set out in our Terms of Business. No mortgage is guaranteed. Your home may be repossessed if you do not keep up repayments on your mortgage.