Social homebuy, local council or housing associations decision?

rustywallet

Hi,
I would some appreciate help.

We do not have the 'right to buy' or the 'right to acquire' our housing association home. I was told that we may be able to purchase under the 'social homebuy' scheme as we have been in the same housing association property for nearly 20 years.

After being given info. on the scheme and even a estimation value of our property, percentage we can buy etc, a month later we were told 'sorry' but we cannot buy our house as it is in a 'designated protected area'.

I later asked if this was the final decision and if there was an appeal process, to which I was told it was actually the council's rule not the housing association, so to approach the council. I did that, but found it hard to know where to start. I spoke to housing, land and law and no-one could tell me any info. they just said to go back to the housing association.

I don't want to fight any battles over buying our house, but I do want to know clearly that we have reached the end of the line and we are definitely not allowed to buy - but I can't get a clear answer. If the housing association had said, no, we won't sell then I'd have an answer but they say they 'can't'.

Can anyone explain the law or advise what we could do next?
The housing association said that our house fell under the 'designated protected areas' in the latest housing England act.
The local council suggested a solicitor.

Cautious_Optimist

Have you had any written reply from the council?

AlexMac

Try the (not very straightforward) website of the Homes and Communities Agency - especially the SHB pages and its many links at
http://www.homesandcommunities.co.uk/cfg?page_id=5539&page=73

with definitions and detail at sub-pages on property eligibility such as
http://www.homesandcommunities.co.uk/cfg?page_id=5545&page=78

plus definitions and links to maps of 'designated protected areas' at para 1.3.24 of
http://www.homesandcommunities.co.uk/cfg?page_id=5524&page=56

But if you understand all that you're better than me!

And once you've read all that you could try a 'Freedom of Information' to your local Council to check if they really are involved as the HA may speak with forked tongue (or just be unsure of the position)

Good luck

rustywallet

Hi Cautious_Optimist,
I telephoned the council and no-one seemed to know about it, I did consider writing, but didn't know which department to address it too - I imagined that my letter would just end up in the bin.

Alex, thanks for the links, I'll take a look. I must admit everything is going over my head, I find it too complicated.

What we did find was this pdf: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7819/1303397.pdf

basically saying:

1. ...Leasehold Reform Act 1967 has been amended...to give power to the Secretary of State
to designate any area in England as a “protected area”...

2. The effect of designating an area as “protected” is to prevent a tenant of a house
situated within that area from exercising his right to enfranchisement (acquiring the
freehold) of his house, if certain statutory conditions are met in respect of the lease.
3. The purpose of the designation is to help to retain affordable housing, for example,
shared ownership homes so that they remain available for others unable to afford to buy
at full market price.

We were told originally that the social homebuy scheme meant buying a percentage so surely we fall under 'the purpose' of no.3 even if we did buy as we have to give the Housing Association first choice to buy it back if we move.

rustywallet

Alex Mac,
The info you sent across was just what I was after - many thanks.

Cautious_Optimist

I would write and request a written reply / decision from both council and HA.

rustywallet

I guess I got a reply from the HA already, they said they can't sell as the house is in one of the 'designated protected areas', therefore they are 'unable' to sell.

The problem with the council is I can't find out who to address the letter to.

Thanks.

Cautious_Optimist

rustywallet wrote: »

I guess I got a reply from the HA already, they said they can't sell as the house is in one of the 'designated protected areas', therefore they are 'unable' to sell.

The problem with the council is I can't find out who to address the letter to.

Thanks.

Address it to their legal dept.
They can and should give you a written response.