Right to buy council 10 year first refusal council problem

gunner786

Hi we bought our right to buy property in 2015. Now 8 years on we want to transfer it from my mum and my sisters name to solely my name. I have been living at property for 26 years with them. The council initially agreed and they declined the first refusal so we can press ahead. Got the mortgage offer, paid solicitors & mortgage broker nearly £3000 combined,

and 3 weeks from completion the legal lady at the council has declined to give us the certificate because of the reason below....

Good afternoon

Thank you for the copy TR1.

It would appear the rejection letter was provided on the information given at that time that stated this Transfer was from 2 of the original purchasers to one of them plus one other family member who resided at the property.

You are now stating that it is not and therefore is not an exempted disposal under the Act

Which is not true as i still have the email i sent them...

To whomever it may concern

Hi, we bought our property * in November 2015. 

The house is in my mother (*) and sister (*) name.

I (*) will be taking the mortgage on. We are not selling the house on the open market but just transferring between family members and we will continue living here as it is our family home.

The reason is due to increased living costs and mortgage interest rates and due to my mothers age only having an 8 year mortgsge term and not being able to extend the term past 70 so once i take over then i can extend it to 25 years and having to pay a lesser amount.

Am notifying you because its still within the 10 year period.

They agreed and said when you are proceeding with the sale then request the certificate and we will issue it. Now the lady we have to get the certificate from the Legal assistant has declined. Where do we stand?

Im pretty sure i have read in a few places that you can transfer to a family member living in the same property in the first 10 years just not on the open market. Help please...

sheramber

I think they have interpreted your letter as saying you are taking over instead of your mother and your sister will still be an owner. along with you.

diystarter7

sheramber said:

I think they have interpreted your letter as saying you are taking over instead of your mother and your sister will still be an owner. along with you.

Hi
I read it as OP taking over 100% in OP/post.

Thanks

HampshireH

sheramber said:

I think they have interpreted your letter as saying you are taking over instead of your mother and your sister will still be an owner. along with you.

That's exactly how I read it too .

You can make a complaint OP but your actual email to them says "we" bought the house and "we" are not selling 

In actual fact "you" didn't buy the house nor would "you" not be selling it.

Your letter may have confused matters by suggesting you were one of those who owned it 

Doesn't explain why they didn't query this at the time.

Complaint seems like your only route but I do think both parties are partly at fault.

gunner786

Even then it still shouldnt be a problem. It should still be allowed

gunner786

 I found the legislation. 160 2 c

gunner786

Hopefullt its not too much if sn issue and they see reason. Ee are 2 weeks from completion

gunner786

MattMattMattUK said:

gunner786 said:

Even then it still shouldnt be a problem. It should still be allowed

It is a problem as it is not within the rules of the scheme, the fact that you think it should be allowed is irrelevant as the council has to follow the legislation.  

Even what we require is within the rules.

HampshireH

gunner786 said:

Hopefullt its not too much if sn issue and they see reason. Ee are 2 weeks from completion

When reading your first post I didn't realise you had this in writing.

Challenge it with the above. It's very clear in the response they understand what the request was for