Housing Association trying to exclude my garden

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82156341#Comment_82156341

This is what HA have had drawn up

Shelldean

So you live in 23? And the garden is actually mostly at the side?

I can see why they want the garden or uplift clause as houses could certainly be put on a garden that size!

We had a block of flat out on a plot smaller

Boohoo

Who owns no.27 then?

What is the area behind no.27 after the red lines?

It looks like a road/lane that has access to your landline.

Like I mentioned an aerial photo would help a lot but we will have to wait for your daughter to do that.

I can see why the HA would want that garden and with the housing crisis as it is planning should be easy to get and do you want an extra 40 people living in dwellings on what was your garden you rent from the HA?

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82156804#Comment_82156804

Hello Shelldean yes that right the garden runs sideways on.

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82156825#Comment_82156825

how is this helping me please?

Boohoo

how is this helping me please?

Not sure what you are on about.

Can you please elaborate more.

Ms_Chocaholic

I have no knowledge of the law or anything, just came across this thread and read right through it. I wondered that if the OP wanted to purchase the property and the garden for £15k, could he/she build on that land but maintain the freehold and therefore the OP isn't selling it and therefore wouldn't have to pay the 50% uplift.

Just a thought.

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82156960#Comment_82156960

I also wondered about that scenario bit I think the HA legal team could put clauses in the contract to benefit them.

Are you on about the OP building something to then sell on or just for themselves?

sherlock228

https://forums.moneysavingexpert.com/discussion/comment/82155928#Comment_82155928

there does not appear to be anything in primary legislation which directly entitles the HA to split the freehold that they own into "house" and "garden" if the plot is less than 2 acres in size. Indeed the opposite appears to be implied by virtue of there being but a single freehold comprising house and garden as one. However, that does not prevent the HA from imposing an overage clause on the sale in the event you sell off the garden for development (which, from the taxpayers perspective, is morally what they should do).

The Housing (Preservation of Right to Buy) Regulations 1993

Meaning of “house”, “flat” and “dwelling-house”

183.—(1) The following provisions apply to the interpretation of “house”, “flat” and “dwelling-house” when used in this Part.

(2) A dwelling-house is a house if, and only if, it (or so much of it as does not consist of land included by virtue of section 184) is a structure reasonably so called; so that—

(a)where a building is divided horizontally, the flats or other units into which it is divided are not houses;

(b)where a building is divided vertically, the units into which it is divided may be houses;

(c)where a building is not structurally detached, it is not a house if a material part of it lies above or below the remainder of the structure.

(3) A dwelling-house which is not a house is a flat.

Land let with or used for purposes of dwelling-house

184.—(1) For the purpose of this Part land let together with a dwelling-house shall be treated as part of the dwelling-house, unless the land is agricultural land (within the meaning set out in section 26(3)(a) of the General Rate Act 1967)[1967 c. 9.] exceeding two acres.

(2) There shall be treated as included in a dwelling-house any land which is not within subsection (1) but is or has been used for the purpose of the dwelling-house if—

(a)the qualifying person, by written notice served on the landlord at any time before he exercises the right to buy requires the land to be included in the dwelling-house, and

(b)it is reasonable in all the circumstances for the land to be so included.

LightFlare

what’s happening to the other house within the red boundary ?

Would be hard to say they cant exclude the land at the side but at the same time exclude the other house