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Right to buy covenant

Hi members

i need some advice on the council covenant.

I have bought an ex-council home  few of years ago.

This house has a huge garden and I’ve got planning permission to build a new dwelling. It was bought from council by the second to the previous owner in 2001. There is a covenant on the RTB sale deed which states that I need to get consent fro the council if I erect any additional buildings. I believe that this covenant is something very general one on all RTB houses. 

Some posts I have read state that council can ask for a share on the sale price of plot as development value.

Reading through Court of Appeal decision on Regina Vs Braintree council , council should not ask for overage or future development value of the RTB property but still wonder whether council can foul play and state that I am not the original RTB buyer etc etc. Any thoughts or similar case you have come through.

Any advice or suggestions will be really helpful. Please direct me if there is already any discussion on this one.



  • caprikid1
    caprikid1 Posts: 2,112
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    Given the sums of money involved I think you need to seek paid legal advice on this one from a specialist in this area of law.
  • Section62
    Section62 Posts: 7,508
    First Anniversary First Post Name Dropper
    caprikid1 said:
    Given the sums of money involved I think you need to seek paid legal advice on this one from a specialist in this area of law.

    Before relying on a decision of the Appeal Court for something of this value, professional legal advice should be obtained to make sure the specifics of the appealed case are applicable to the current situation.
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