House Purchased - Title Deeds Query about leasing of property

Alias_Omega

In short,

We received our title deeds through the post as the mortgage company were not interested in keeping them.

Upon reading through,

Part B : Proprietorship register section

Title Absolute

1. Says our name

2. RESTRICTION : No transfer or lease of the registered estate dated before 7 December 2018 by the proprietor of the registered estate or by the properitor of any restrcited charge to be completed by registration unless accompanied by

(a) a certificate given by 'Local Housing Association' that the transfer or lease complies with the requirements of section 156A of the Housing Act 1985 or that the transfer or lease is an exempted disposal or is not a relevant disposal, or

(b) a certificate given by the local housing authority for the area in which the property is situated (i) 'Local Housing Association' is no longer in existance and (ii) the transfer or lease complies with the requirements of section 156A of the Housing Act 1985 or is either an exempted disposal or is not a relevant disposal.

So, i put Housing Act 1985 into google, and came up with nothing more than trash. So i put in Housing Act 1985 Section 165A and came up with this link..

http://www.publications.parliament.uk/pa/ld200304/ldbills/114/04114.126-130.html

But, reading this its no help, as it may well be written in french.



In short, im serving in the RAF. Potentially over 14years left in the RAF. Decided to buy the council house we were living in, as we could not afford to get on the housing market.

When we enquired about the right to buy, were told that renting the house out if posted away was not an issue, so we continued with the purchase. All is completed, i still commute to work, and the paperwork comes through. We read through the paperwork and find that in the title deeds thing. I suspect that i maybe posted away from the area in the next 12months, so a choice to either leave the wife & kids at home and i commute at weekends, or we rented the house out and move as a family.

So on this note, i see a few choices at the moment.

a) Leave the wife at home
b) Leave the house empty
c) Lease / Rent the house out for no cost (ie Free)

I guess this is something we should chase up with the solicitor, or the local housing association, but just a general query for anyone that may know something about something.

Regards,

Alias

Premier_2

Section 156 of the Housing Act 1985 has been amended/superceded by section 188 of the Housing Act 2004

http://www.portsmouth.gov.uk/media/hhsc20050920r7.pdf

Section 188 of HA 2004 is here:
http://www.opsi.gov.uk/ACTS/acts2004/ukpga_20040034_en_17#pt6-ch1-pb4-l1g188


Edit: Who said you letting the property out would not be an issue? Hopefully your solicitor and hopefully he was right!

Alias_Omega

Hi, the person who said that renting the house out was no an issue, was the person from the local housing association who dealt with the Right to buy.

Thinking back now, it would be been ideal to get that in writing instead of the verbal confirmation over the counter when face to face.

There are many words in there, which we simply dont understand..

Such as..

relevant disposal

We've googled it, put it through the dictionary but still no luck. Shall have to wait till tomorrow and speak to the solicitor, as she maybe able to clear this up with no effort.

Unless anyone else knows about this.?

Though, we will continue to commute the 38miles to work unless moved away.

Alias_Omega

Does that cover renting the house out, renting could be called leasing..

But leasing can also mean freeholding the house too..

Solicitor help needed i think.

Alias_Omega

all cleared up, can rent the house out.

in short, it means we cant sell the house as freehold, or sell the house as leasehold.

but renting is ok, aslong as the mortgage company approve..