Housing Association trying to exclude my garden

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82148963#Comment_82148963

Not my original because I was never given back in 1989. I signed the paperwork and Coventry Council signed document they gave me the keys and I went on my way. I have an It just relates back to the tenancy of 1989. updated signed tenancy but it tells me nothing.

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82153493#Comment_82153493

On the title register C charges register 5 states Not to permit the condition of the forecourt or front garden or the garden or land at the rear of the (property) or the existing boundary walls or fences to deteriorate to the detriment of the estate of which the (property) forms part.
this is showing that the garden they have removed is part of the house?

HouseHuntingAmy

@Beingrippedoff_2 Glad the title check was useful. Since you have one registered title that already covers the house and garden, that is a strong starting point for Saturday, so I would take the title plan and official copy with you. Two other things I would ask the adviser about. First, the formal offer notice a landlord has to send in a Right to Buy sale describes the property being sold, so check what plan or description yours gave and whether the garden is inside it. Second, you can make a subject access request to the housing association for everything they hold about you and the garden, which includes the tenancy file, any notes on why the garden was taken out, and any valuation or planning advice they got. It is free and they have a month to reply, and it may answer the question of whose evidence is missing. On the 50% uplift: that they are offering to sell the land back with a clause tells me they know it has value, so I would say so to the adviser rather than argue morality - they will know what the options are. A one-page timeline of dates, letters and who said what will make the 30 minutes go much further. I am only a fellow forumite, not a lawyer, so please treat all of this as questions to ask rather than answers. Good luck on Saturday.

Silvertabby

https://forums.moneysavingexpert.com/discussion/comment/82154847#Comment_82154847

So, if you bought the house - but not the garden - how would the council (or anyone else) get to it?

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82154967#Comment_82154967

I did ask if OP could get a map or Google aerial view of the property and surrounding properties to get a better view of what they are going on about but nothing yet and they don't have to .

I would make it easier to see if there is any chance of developing the garden and neighbours garden's.

Alderbank

…So, if you bought the house - but not the garden - how would the council (or anyone else) get to it?…

The OP said they could put a entrance further down which would come off the main road.

I agree that a map would be very useful.

lincroft1710

 I believe what they’re doing is wrong morally wrong

Morally wrong carries no weight. Legally wrong is what is important. Do the rules of RTB/RTA allow HAs or councils to sell a property to its tenant, but retain part of the plot, or not?

Alderbank

If you have not already seen it, you might be interested in this older thread:

Right to Buy - entire plot not included?

https://forums.moneysavingexpert.com/discussion/6055967/right-to-buy-entire-plot-not-included/p1

The story begins:

We got the Right to Buy evaluation letter recently (Friday) and were surprised to see that they've excluded a portion of the garden area that's been part of the property since the mid 1970's…

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82154967#Comment_82154967

They would make a hole in the tree line and then through the boundary fence.

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82155396#Comment_82155396

sorry I’m new to the form so how do I get to read this post? Thanks