Case Study: Resolving a Right to Buy dispute and completing the purchase

Our client came to Leonard Solicitors after their Right to Buy purchase, which had initially been progressed with another firm of solicitors, was treated as cancelled at a critical stage. Not only did this put the transaction at risk, but it also threatened their ability to proceed on the earlier basis, before changes to the Right to Buy discount took effect. Our experienced conveyancing lawyer, Asad Khan, took charge of the matter.

Our client had taken steps to buy their home under the Right to Buy scheme and believed the matter was progressing. The difficulty arose when the council treated the application as cancelled after saying it had not received the mortgage offer alongside the signed Section 125 notice. Its position was that the required documents had not been provided within the time allowed and that the application had therefore fallen through.

That created a serious problem. The client’s original application had been made before changes to the Right to Buy discount took effect. If a new application had been required, the client faced losing the significantly higher Right to Buy discount available at the time of the original application.

After reviewing the background and the correspondence in detail, it became clear that the position required more than routine conveyancing input. The matter called for careful analysis of how the application had been handled, why the client believed the purchase remained live, and what could still be done to preserve the opportunity to proceed.

Asad challenged the council’s position and made further representations on the client’s behalf. He argued that the client should not lose the benefit of the original application where the delay had not been caused by the client. The client’s position was that the key correspondence said to have been sent by the council had not been received. It was reasonably assumed that, once our client received the mortgage offer, the Council would also receive it, as our client had been assured that their mortgage broker would forward the documents directly to the Council.

That argument was supported by the wider history of the matter. The client had sought an update from the council during the process and received a response stating that the matter was awaiting valuation, with no mention of any missing mortgage offer or immediate risk of cancellation.

Following this, the Council’s position changed positively, and they raised enquiries regarding our client’s source of funds to cover the £19,000 shortfall between the mortgage advance and the purchase price. Asad responded promptly, confirming the balance would be met by the client’s personal savings and providing the supporting evidence needed to address the council’s anti-money laundering requirements. This included bank statements, payslips and income records showing that the source of funds were available and come from a legitimate source.

With both the dispute and the outstanding funding enquiries addressed, the matter was able to move forward on the earlier basis. Leonard Solicitors continued to deal with the conveyancing requirements needed to bring the transaction through to completion.

Following Leonard Solicitors’ involvement, the council agreed to proceed with the earlier valuation and the purchase was able to move forward to completion. What had begun as a stalled and uncertain transaction ended with the client and their spouse becoming homeowners.

The result preserved the basis on which the client had originally applied and allowed the purchase to proceed to completion. Our client and their spouse were able to secure their home after a period of uncertainty and delay. By combining practical conveyancing support with a clear challenge to the issues that had put the purchase at risk, Asad helped turn a difficult situation into a positive result.

Not every property purchase follows a straightforward path. Where a transaction becomes caught up in miscommunication, delay, or disagreement over procedure, the consequences can be significant, especially where the opportunity to buy may be affected by changing rules or lost time.

This matter shows the value of getting the right legal advice early when a purchase is at risk. With the right support, it may be possible not only to challenge the position being taken, but also to keep the transaction moving in a practical and productive way. Asad handled both the transactional and contentious aspects of the matter, helping the client keep the purchase on course and move towards home ownership.

If you are dealing with a complex conveyancing matter, whether involving delay, dispute, or wider legal issues affecting your transaction, Leonard Solicitors can help you understand your position and move matters forward. To speak to our team, please enquire today or use our online conveyancing calculator for an instant quote.

Asad Khan is a Trainee Solicitor at Leonard Solicitors LLP, advising on residential conveyancing and immigration matters. He has been completing property transactions for five years and is accredited under the Law Society’s Conveyancing Quality Scheme, reflecting his commitment to high standards of professionalism in residential conveyancing. His experience includes straightforward sales, complex purchases, remortgages, transfers of equity, and Right to Buy transactions with local authorities. Learn more about Asad here.