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Section 157 housing act help

2

Comments

  • Hellz85
    Hellz85 Posts: 46 Forumite
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    Yes, this will be the 'forever' home. I want my children to grow up there.

    I've heard that the clause is in place on ex council properties to stop people buying them as holiday homes. I've never heard of anyone buying one of these as a holiday home.
  • sniggings
    sniggings Posts: 5,281 Forumite
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    Davesnave wrote: »
    but in any event, it seems like the OP is willing to comply in due course.

    The "due course" is only happening by living in the very house they don't qualify to live in:rotfl:




    OP just make sure someone higher up than this "council lady" doesn't disagree with what she is telling you, if you do go for that option.
  • xylophone
    xylophone Posts: 44,388 Forumite
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    Yes, this will be the 'forever' home. I want my children to grow up there.

    Then in your formal letter to the Council emphasise your local connections, your parents' offer of financial assistance, your desire to be close to them as they age and their desire to see their grandchildren grow up, help with childcare etc.....
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    edited 28 November 2015 at 10:35PM
    sniggings wrote: »
    The "due course" is only happening by living in the very house they don't qualify to live in:rotfl:

    Yes, by returning to the place where they grew up, where their family is and, maybe, where they found it hard to stay and follow a career path when they were younger.

    Been there, done that myself.

    Yes, there are rules, but the council officer may able to use a little discretion in their application. I've certainly found the council helpful in my part of Devon.

    So I agree with xylophone's comments. I now live in a restricted property of a different variety from that under discussion. However, I checked that I would not run into problems with the council before purchase and I found those dealing with the matter sympathetic and supportive.

    I would stress that there are 8 district councils in Devon. Their attitudes and policies , written and unwritten, appear to vary somewhat.
  • Council lady said a local connection is unlikely to be accepted but to call her back if we decided to go ahead to discuss what I would need to do. She said that a group of people are available to look at these types of application every 3 weeks. I made the offer this morning which has been accepted but seller is aware that I need to sort this before we can proceed further. I also had a full ask offer on my house this morning.

    The house is in east Devon .
  • sniggings
    sniggings Posts: 5,281 Forumite
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    Davesnave wrote: »
    Yes, by returning to the place where they grew up, where their family is and, maybe, where they found it hard to stay and follow a career path when they were younger.

    Been there, done that myself.

    Yes, there are rules, but the council officer may able to use a little discretion in their application. I've certainly found the council helpful in my part of Devon.

    So I agree with xylophone's comments. I now live in a restricted property of a different variety from that under discussion. However, I checked that I would not run into problems with the council before purchase and I found those dealing with the matter sympathetic and supportive.

    I would stress that there are 8 district councils in Devon. Their attitudes and policies , written and unwritten, appear to vary somewhat.

    I'm not arguing whether it's right if the OP lives in Devon, but whether the OP needs to follow the rules or get the correct permission to buy the house.

    The rule as it stands is they need to have lived in the area for the past 3 years, for you to suggested that they would be abiding by that clause after living in the house for 3 years, the house they are not allowed to buy, is daft.

    Guess on that thinking I could get a job as a pilot with no experience, I'll just tell them at interview, give me the job and in a couple of years I'll have the experience.

    Yes I'm sure some areas in Devon do not stick to the rules, I'm just suggesting the OP makes sure their area is one of them,before spending thousands.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    sniggings wrote: »
    I'm not arguing whether it's right if the OP lives in Devon, but whether the OP needs to follow the rules or get the correct permission to buy the house.

    The rule as it stands is they need to have lived in the area for the past 3 years, for you to suggested that they would be abiding by that clause after living in the house for 3 years, the house they are not allowed to buy, is daft.

    Guess on that thinking I could get a job as a pilot with no experience, I'll just tell them at interview, give me the job and in a couple of years I'll have the experience.

    Yes I'm sure some areas in Devon do not stick to the rules, I'm just suggesting the OP makes sure their area is one of them,before spending thousands.

    We are both suggesting that the OP gets the matter clarified. before parting with cash.

    I'm accepting that the OP, a Devonian by birth and former resident of the area, wants to return and buy this house as a home, not as a second home or other kind of business venture. That's all I meant.

    The local council person seemed to think this would within the spirit of the legislation and I agree, but it appears from the further comment of the OP that a more formal process exists to deal with cases like this anyway. Good.

    It's your pilot analogy that's daft. There will be no significant consequences if the house is marketed openly and eventually sold to the OP.

    Since the events of 2007/8, houses with of restrictions on them have become harder to sell, as mortgage lenders take fewer risks. This has probably led to some councils taking a less hard-line approach with them, as it's in no one's interest for these properties to remain unsold.
  • sniggings
    sniggings Posts: 5,281 Forumite
    First Post First Anniversary Combo Breaker
    Davesnave wrote: »
    The local council person seemed to think this would within the spirit of the legislation and I agree, but it appears from the further comment of the OP that a more formal process exists to deal with cases like this anyway. Good.

    It's your pilot analogy that's daft. There will be no significant consequences if the house is marketed openly and eventually sold to the OP. well apart from the small matter it being bought by someone that doesn't qualify for the house :eek:, so my analogy was spot on.

    Since the events of 2007/8, houses with of restrictions on them have become harder to sell, as mortgage lenders take fewer risks. This has probably led to some councils taking a less hard-line approach with them, as it's in no one's interest for these properties to remain unsold. agree,the answer is make sure the council is happy for the OP to buy.

    No one can possible think NOT living in the area for the past 3 years, is in the spirit of the clause, that you have to have lived in the area for the past 3 years, as you say they may just be turning a blind eye.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    I can only repeat that if the house is marketed openly and no one better-qualified than the OP comes forward to purchase, then the intentions behind the restrictive clause must be considered.

    This is what has happened with agriculturally-restricted property, especially with regard to the definition of 'locality,' as a person's average working area has increased hugely in the last 40 years.

    Local authorities have the power to remove such clauses, and they do, but some are much more willing to consider this than others. I believe removal is better than the 'blind eye' approach, but then, as I'd stand to benefit, I would!

    OP, I can't comment on East Devon. Not my area.
  • jamesp31
    jamesp31 Posts: 73 Forumite
    I realise this post is a bit old now but I thought I would add my own experience of section 157. 2 years ago we bought an ex local authority house in west Dorset which had been completely refurbished so seemed a great buy. The problem we encountered was when, just days away from exchange of contracts, we had a phone call from our mortgage provider (Britannia) to say they were withdrawing their mortgage offer as they do not lend on properties with such restrictions. They claimed they had not been told by the solicitor about this. I complained and eventually they decided to lend the money after all, whilst reminding me it was a one off and it was still their policy not to lend on properties with this restriction. So my advice to anyone thinking about buying a property which is subject to section 157, ask your lender right at the start of the application if they are happy to lend. When I started the application process I told them it was ex local authority but I never realised the significance of section 157 and never thought to mention it. Don't be caught out like we were.
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