sell my council property

n1ght

I am woundering if you could advise me on the sale of my coucil house. I bought it outright 5 and half years ago, no mortgage. My sister has lived there since rent free as i bought another property and she was homeless. I understand that after 5 years discount does not have to be paid back. But i am somewhat confused by a solicitor letter i have recieved in regards to the sale.
My Title absolute from Land Registry states;
No transfer or lease of the estate before oct 2016 unless accompanied by certificate from the council that the transfer or lease complies with the requirements of the housing act 1985 section 156a or that the transfer is an exempted or irrelevant disposal. ( ???????????? WHAT??)
charge subsisting till 23 oct 2011 for repayment of discount contained in transfer dated 23 oct 2006. (5 years after purchase)
My solicitor letter in regards to this then states that she is to advise the Authority of the sale and seek thier requirements for providing the relavant certificate and removal of thier charge.What charge would this be? As it then goes on to say that there will be a request for payment for doing so and possibly repayment of discount provided to me at the time of purchase.
I am somewhat confused as she has said about repayment of discount as she has the highlighted that "CHARGE SUBSISTING UNTIL 2011" I believe that purchasers liability to repay discounts only exists for the first 5 years. What rights to the property do the authority still have if i paid purchase price in full 5 years ago and could they make an issue of my sister buying the property from me? :mad: CONFUSED!!!!!!!!!! CAN ANYONE ADVISE ME? She awaits my instruction but i dont know what i am agreeing to as payment of the monies could be deducted from sale proceeds on completion. I have agreed to sell to my sister at a discount price, below the purchase price as it is.

ladylouise62

I don't know anything myself, and I'm sure that there will be more knowledgeable people out there, but a quick 'Google' came up with this:http://www.uk-housing.co.uk/LU/ARCHIVE/05/08/204/

The 'charge' does not refer to money, but a 'charge of obligation'. It looks like, that until the date specified you are duty-bound to offer first refusal to the the former landlord (council) if you wish to sell. At least, that's how I read it... and if the solicitor is notifying the council that makes some sense. ALso, if within the specified period you would need to pay some of the discount back. There are some exemptions which you can check out (for instance you MAY manage it with your sister buying although technically she should have been living WITH you, so you may not manage to get away with that.

http://www.swarb.co.uk/acts/1985HousingAct.shtml

"(c) he is a member of the family of that person, or one of those persons, and has resided with him throughout the period of twelve months ending with the disposal."

But to be honest, if you can afford to buy a second place then it's hard luck if have to give back the discount.