Section 157 of the housing act 1985

JHosk

Hello

The house I am interested in buying has a Section 157 attached to it.

How do I find out if the housing association attached the clause or if it was local council?

Thanks

davidmcn

Presumably by looking at the title. Does it matter which though?

kingstreet

As many Local Authorities hived-off their council housing stock into Housing Associations/Registered Social Landlords is it not possible that a Local Occupancy Clause (now usually issued under S106) was issued by the LA and "inherited by" or in the guise of a HA/RSL?

da_rule

Section 157 means that the property was sold under Right to Buy but has a 'local occupancy' clause as it is either in a National Park, area of outstanding natural beauty or an area designated as 'rural' by the Secretary of State.

The original restriction could have been imposed by either a Council or a Housing Association, depending on who the landlord was when the tenant exercised their right. On the title register there should be a restriction registered. This will give details of the deed which gave rise to the restriction and will either list the parties (so you can see whether it was the Council or HA) or will give enough details for you to obtain a copy from the Land Registry.