Decision details

The Assistant Director Housing approves a minor amendment to the North Yorkshire Council Right to Buy Policy that was approved by the Executive Member for Culture, Arts and Housing in January 2026 to clarify eligibility for flexible (fixed-term) tenants. The amendment confirms that flexible (fixed-term) tenants are considered to have the same eligibility for the Right to Buy as secure tenants, subject to meeting the statutory qualifying criteria. It also clarifies that the existence of a fixed-term tenancy does not, in itself, prevent eligibility and that applications must not be refused solely on this basis. A consequential minor amendment has also been made to Section 4 of the policy to remove wording that could be interpreted as limiting eligibility to secure tenants only.

To ensure the Council’s Right to Buy Policy is legally compliant and reflects the correct interpretation of eligibility criteria under Part V of the Housing Act 1985.

Legal advice has confirmed that flexible (fixed-term) tenants have the same statutory Right to Buy as secure tenants, provided they meet the qualifying conditions. The previous policy wording did not explicitly reflect this and created a risk of inconsistent decision-making and potential legal challenge.

This amendment provides clarity to officers, ensures consistency in the assessment of applications, and aligns the policy with legacy tenancy approaches inherited from former district councils.

To make no changes to the policy was rejected due to the risk of continued inconsistent decision-making and potential legal challenge where applications from flexible (fixed-term) tenants are refused incorrectly.

To undertake a full policy review was rejected as it is disproportionate. The issue can be addressed through a targeted clarification to Section 5.1 and a minor consistency amendment to Section 4.

The preferred option is a minimal amendment to clarify eligibility while maintaining the existing policy structure.