Local occupancy clause and renting

Davesnave

L'aalLily wrote: »

Thanks again for all your replies. Still not sure whether it is actually possible though, under the terms of the local occupancy clause! I definitely won't ask the EA but think I might try the local council to see if they can help.

Local Councils don't 'help;' they apply the rules.

Sometimes, they go out of their way not to see rules being broken, because it's more hassle for them if they do, but they can't ignore things that are shoved under their collective noses.

If you have been living in the area for 9 years, what local occupancy rule would you be breaking by renting from a local friend? Am I missing something?

L'aalLily

Davesnave wrote: »

Local Councils don't 'help;' they apply the rules.

Sometimes, they go out of their way not to see rules being broken, because it's more hassle for them if they do, but they can't ignore things that are shoved under their collective noses.

If you have been living in the area for 9 years, what local occupancy rule would you be breaking by renting from a local friend? Am I missing something?

I suppose because my friend would essentially be buying to let, and I don't know if that's allowed under a LOC. If we could afford to, WE could buy the house, no problem, as we would be planning to occupy it. But what I don't know is if someone else (even a local) could buy the house intending, not to occupy it, but to let it to someone else, even if that someone else was also local?

Davesnave

L'aalLily wrote: »

I suppose because my friend would essentially be buying to let, and I don't know if that's allowed under a LOC. If we could afford to, WE could buy the house, no problem, as we would be planning to occupy it. But what I don't know is if someone else (even a local) could buy the house intending, not to occupy it, but to let it to someone else, even if that someone else was also local?

I have no knowledge of this small area of housing law, but it seems to me that the clause exists to prevent wealthy people from elsewhere buying up homes as holiday lets and/or for their own part-time occupation in the holiday season. It's a legal device to stop further erosion of the social framework, where locals, particularly the young, are being priced-out

I can't see why it should work to prevent a philanthropic local from purchasing to create a long term let for a qualifying person at a fair rent, but perhaps someone who knows more than me will comment.

Edit: All the Section 106 agreement local occupancy descriptions I've been reading refer to the 'occupant' being qualified to live there, not the owner. They vary somewhat in the detail, but this is consistent.

This would be in line with legislation that relates to agriculturally tied dwellings, which might be owned by a wealthy local, but occupied by someone whose main income is derived locally from farming, forestry or fisheries.

In other words, I think you'd be in the clear to rent from your friend, but if your council's published policy isn't clear and you decide to contact them, do it anonymously in the first instance.

IAmWales

I only know of a scheme in Derbyshire but they have a rule that the property must be the purchaser's sole property and that they live there.