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Has anyone come across similar situation? I only have couple of week due to expiry of valuation and mortgage. Hence challenging it back to HA to get this removed or amended. I will upload some clauses which I think are major concern.
Also my neighbour appears to have faced problem when selling as they had to contact HA as it involved consent process etc which delayed things for almost year. This is really frustrating.
Comments
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12.5.1 To keep from time to time and at all times theProperty clean and well and substantially
repaired maintained and decorated.
12.5.2 To contribute a fair proportion on demand to
be assessed from time to time by the
Transferor of:
(a) the reasonable cost of repairing
maintaining renewing and cleaning
as the case may be of the Communal
Facilities excluding party structures
or any structure facility or thing being
the exclusive responsibility of the
Transferee or the Transferor under
the terms hereof or of the owner of
any property on the Estate;
(b) the reasonable fees charges and
expenses of the Transferor or any
person appointed by it in connection
with the management and
maintenance of the Communal
Facilities including the computation of
and collection of monies due from the
Transferee hereunder.
12.5.3 Not to make any alterations or additions to
the exterior of the Property nor to erect any
new buildings thereon nor in any way to
interfere with the outside of the Property
without the previous written consent of the
Transferor such consent not to be
unreasonably withheld.
12.5.4 To execute and do at the expense of the
Transferee al! such works and things
whatsoever as may at any time during the
term be directed or required by any national
or local or other public authority to be
executed or done upon or in respect of the
Property or any part thereof.
12.5.5 Not to use the Property nor permit the same
to be used for any purpose whatsoever other
than as a private residence in single
occupation only nor for any purpose from
which a nuisance can arise to the owners
transferees or occupiers of property in the
neighbourhood.
12.5.6 To do such acts and things as may
reasonably be required by the Transferor to
prevent any easement or right belonging to
or used with the Property from being
obstructed or lost and not knowingly to allow
any encroachment to be made or easement
acquired over the Property and in particularnot to allow the right of access of light from
or over the Property in the neighbourhood.
12.5.7 Not to allow the garden of the Property to
become unkempt or untidy but to keep the
same properly cultivated in proper and neat
order and condition and free from weeds.
12.5.8 [Not to use the parking space on the
Property (if any) for any purpose other than
the parking of one private motor vehicle]
12.5.9 To keep and forever hereafter maintain good
and sufficient fences or walls on those parts
of the Property (if any) marked with an
inward "T" on the Plan and will not without
the written consent of the Transferor change
the height or type of any boundary walls
fences or hedges or gates Not without the
prior written consent of the Transferor and
the Local Planning Authority to cut down lop
or top any tree on the Property or uproot or
destroy any boundary hedges or shrubs
upon the Property.
12.5.10 Not to excavate or dig any sand gravel earth
or minerals of any description out of the
Property except for normal gardening
purposes.
12.5.11 Not to obstruct or cause or permit the
roadways and paths on the Estate to be
obstructed in any way whatsoever.
12.5.12 Not to use the Property or any part thereof or
suffer the same to be used for any illegal or
immoral purpose.
12.5.13 Not to transfer the property without first
procuring that:
(a) the Transferee enters into a deed of
covenant in the form set out within
The Schedule of this transfer in
favour of the Transferor whereby the
intending Transferee shall covenant
with the Transferor to observe and
perform the covenants conditions
stipulations and agreements
contained or referred to in this
transfer; and
(b) the said deed of covenant duly
executed by the intending Transferee
is delivered to the Registered Office
for the time being of the Transferor
not later than 3 working daysfollowing completion of the transfer
12.6.1 All walls, fences, hedges and roofs dividing
the Property from other properties and/or
shared by the Property with other properties
shall be regarded as party structures and be
maintainable as such save as marked by a
"T" mark on the Plan.
12.6.2 The Transferor has full right to deal with any
neighbouring land now or subsequently in its
ownership notwithstanding that the flow of
light or air to the Property hereby transferred
may be interfered with.
12.6.3 The Transferee hereby applies to the Chief
Land Registrar to enter a Restriction on the
Register of the Property in the following
terms:
"No disposition of the registered estate (other
than a charge) by the proprietor of the
registered estate or by the proprietor of any
registered charge is to be registered without
a certificate signed by the Secretary or
Solicitor of the proprietor at the time of title
number CB409716 that the provisions of
clause 12.5.13 of the Transfer dated [insert
the date of this transfer] have been complied
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kcambsp said:Hi All I have came across another nightmare from housing association. I found out about some clauses which keeps me linked to HA even though after 100% staircasing.
Those terms will apply to you and all your neighbours.
Aren't you pleased that your neighbours can't do things like...- add ugly additions to their properties
- cause you a nuisance
- have untidy gardens
- block the roads
- fill their parking spaces with rubbish
If your neighbours did that kind of thing and you wanted to sell your property - it might put buyers off, make your property harder to sell, and/or you might have to accept a lower price.
And I guess it's fair that if your neighbours can't do those things, you shouldn't either.
I think I would say it makes the estate a nicer place to live for everyone.
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