Can a Housing Association still maintain rights over a 100% owned freehold property?

DVardysShadow

rhubarb1 wrote: »

Wow you lot are sympathetic aren't you? It's like being on mumsnet.

Fine, forget the emotional issue and the 'bowl of soup' - patronisation, thanks. We've just spent over a grand on solicitors fees and searches and mortgage fees. Not at any one stage did either the Agents or our solicitors bring this clause up.

Now our solicitor is telling me that this is a very common clause and should we buy a different house, we may find that clause in there. Can I ask how many of you home-owners have this clause in your contracts?

We may well walk away from this purchase because it will affect future sales of the house. Who wants to buy a house outright only to find that they need written permission to do anything to it?

I think it's an unreasonable clause. It's unreasonable to add it now to the transfer of the lease. It's unreasonable not to tell the buyer about it until the last minute.

When I posted this I thought I might get some helpful advice about whether or not it was a natural pitfall of buying an ex-HA house and perhaps even some experiences of how others have dealt with it, whether or not it was a big deal and perhaps ways around it. I guess I'm naive about peoples good nature.

FWIW, I didn't even raise my voice to the solicitor and doubt I will do so to anyone else. That's why I normally get walked all over, because on the odd occasion I do get angry, I'm told that I'm the one being unreasonable and everyone else is right.

Of course it is an unreasonable clause. That is why I am suggesting you walk away. And lose your grand. In the past, I have lost over a grand on a house Mrs Shadow and I had put an offer on. We dug at the facts and found something unacceptable, so we walked. And on our present house, we were prepared to lose a grand when some more truth came out - but we did get that one resolved

There is very little point in writing about how your kids will be disappointed. What do you expect? To be told to go ahead anyway? It is just one of those things. You have to be hard headed about it and accept that the information you get during the house buying process comes at a price, but it is the price you pay to protect the rest of your investment. As for the kids, you need to do a better job of managing their expectations.

There is no soft answer to this, apart from go ahead despite the knowledge you have paid for so heavily.

rhubarb1

DVardysShadow wrote: »

There is very little point in writing about how your kids will be disappointed. What do you expect? To be told to go ahead anyway? It is just one of those things. You have to be hard headed about it and accept that the information you get during the house buying process comes at a price, but it is the price you pay to protect the rest of your investment. As for the kids, you need to do a better job of managing their expectations.
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Sorry I made the mistake of revealing how emotionally tied into the purchase I was. I should have realised that not everyone gives a damn about your emotions and indeed are of the opinion that every transaction should be treated like a poker hand. Only when you buy a house you don't just buy it as an investment, you buy it as a home that you plan to live happily in, without interference, for many years.

My problem is that you yourself Mr Shadow and others such as Tamarto are advising that it is unreasonable and that I should walk away, whereas Richard Webster seems to think that it's a lot of bother about nothing. But then I guess people's advice differs enormously and it helps in a way to listen to these views.

I have tried contacting the solicitors of the Housing Association but of course they won't speak to me regarding a matter that concerns one of their clients. My solicitors have sent them an email asking that the interior part of the covenant be removed. In the meantime I have emailed my local MP and I have asked the HA if there is any way around the covenant, such as a letter from them stating that I, and future occupants, will be able to alter the interior of the property in any way so long as it does not require planning permission.

I am grateful to Richard Webster for clearing up the issue regarding the boundaries as this was a major concern. If we can find a way around this restrictive clause then I'll be a happy bunny, but if the HA come back to me and state that they will need written permission everytime we paint the walls, then we swallow hard, lose the money and put it all down to a bad experience.