4  Applicant Eligibility

4.1  General

4.1.1 This section sets out the criteria for Social HomeBuy as a result of a tenancy see sub section 4.2 below, details of Public Sector Landlords see sub section 4.3 below, and grounds for rejection or suspension of eligibility sub section 4.4.

4.1.2 Applicants must meet eligibility criteria and occupy a qualifying property.

4.2 Eligibility Criteria

4.2.1 Applicant eligibility criteria for SHB are the same as for RTA but RSLs will carry out affordability checks to establish whether the applicant can afford and sustain SHB.  For details see RTA Section 2. However, the criteria to occupy an eligible property must be assessed against the SHB property eligibility - see section 5.

4.2.2  Tenants who have the RTB, RTA or preserved RTB may purchase on shared ownership terms under SHB if they cannot afford to buy 100% under the statutory schemes.  Tenants must opt for one product or another. Discounts cannot be combined, nor can an RSL claim Grant other than for sales through either SHB or RTA.  Those tenants whose homes attract a higher RTB discount than the local RTA discount will be limited to the RTA discount limits if purchasing on shared ownership terms through  SHB.
 
 
4.3  Public Sector Landlords 

4.3.1  A tenancy of any of the public bodies listed in RTA, section 2.3 will count as an eligible residency for SHB purposes.

 
4.4  Anti Social Behaviour 

4.4.1  Applications can be rejected or suspended on the grounds of anti social behaviour  see RTA section 2.5 and following paragraphs
 
4.4.2 Some tenants may be eligible to apply for SHB whilst also having the Right to Buy or Acquire, see sub-section 4.2.3. Tenants cannot apply to buy  under both statutory and voluntary schemes, but when processing SHB applications RSLs will need to take into account which of the following categories a SHB applicant falls into:

• SHB applicants who may have title to RTB/RTA and who are already subject to a ‘suspension order’
• SHB applicants who could be subject to an application for a RTB/RTA ‘suspension order’ during their SHB claim and sales process
• SHB applicants who don’t currently have the Right to Buy/Acquire but are in the process of meeting the two/five year tenancy qualification period and could  not be the subject of a ‘suspension order’ until they qualify for RTB/RTA but where RSLs may wish to apply a ‘suspension status’
• SHB applicants who don’t have the Right to Buy/Acquire and will therefore never  be the subject of a ‘suspension order’ but where RSLs may wish to apply a ‘suspension status’

4.4.3  As advised in above (4.4.2) where a RTB/RTA ‘suspension order’ already exists RSLS should apply a ‘suspension status’ in respect of SHB applications. Where RSLs are in the process of applying for a RTB/RTA ‘suspension order’ they should simultaneously consider applying a ‘suspension status’ to any SHB applications.
 
4.4.4 In cases of doubt RSLs should initially approach the Agency for further guidance.