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Share Ownership - 100% Staircasing - Clauses

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.

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

  • kcambsp
    kcambsp Posts: 5
    First Anniversary First Post
    Forumite

    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

  • eddddy
    eddddy Posts: 16,109
    First Anniversary First Post Name Dropper
    Forumite
    edited 19 January at 1:51PM
    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 are probably fairly normal for a newish estate.

    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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