Wednesday, 03 September 2014

Exceptions to the Right to Buy - adapted properties

Posted in: Need to Know | Ask the Experts

28/02/2011 12:03 pm

Unsuitable or offensive? Report this discussion

Sort: Newest first | Oldest first

Author

Message

Anonymous

Anonymous

28/02/2011 1:19 pm

What is your exact problem? Have you been denied a right to buy?

Unsuitable or offensive? Report this reply

Sidney Webb

Sidney Webb

Location: South East England
Posts: 224

28/02/2011 3:17 pm

Shame there is not an Oscar for the most appropriately named avatar.

The understanding is that it applies to the property, and the property does not need to be communal. The designation will often be at time of development grant being applied, but that does not preclude later adaptation causing designation.

Simply put, if its not general needs then its not general needs.

Unsuitable or offensive? Report this reply

Miserable Sod

Miserable Sod

Posts: 12

28/02/2011 5:36 pm

Cheers for the replies. It's not about any RTB application in particular, I'm just wondering because at my local authority, they will sell adapted properties under the right to buy based on the fact that they are not in a 'group', that is they have taken the legislation to mean that there is no provision to refuse an application to buy an adapted property unless it is in a development of properties solely for disabled people. It didn't sound right to me, but having searched around a bit I couldn't find any definite answer one way or the other.

Unsuitable or offensive? Report this reply

Anonymous

Anonymous

01/03/2011 3:42 pm

Eh??

Do your LA not understand the simple concept of a "group" - in this instance it is probabbally easier to refer to it as a "class" i.e. it is of a type or style of property that is allocated to someone who needs an adaptation!

You dont happen to live in a tory contralled area do you......?

Unsuitable or offensive? Report this reply

Miserable Sod

Miserable Sod

Posts: 12

01/03/2011 5:38 pm

Nope, all the councillors are Labour. Your reaction is exactly the same as mine was - my problem is finding some definitive proof that they shouldn't be doing it.

Unsuitable or offensive? Report this reply

Eddie E

Eddie E

Posts: 8

02/03/2011 8:51 am

I think your local authority is right because of part b) of the clause which refers to services being provided in "close proximity to the group" which implies that the group would have to be fairly close together in order to be in close proximity to the service.

Even if you could define the group as all of a landlord's adapted stock you would still fail to meet this exemption because of part b) unless all your adapted stock was in the same locality and receiving a service specific to those properties.

As I remember it there used to be a separate exemption for single properties that had been specifically adapted but this was repealed years ago (by the Housing Act 1988 I think).

Unsuitable or offensive? Report this reply

Expert post

Nigel Rogers

Nigel Rogers

Posts: 17

02/03/2011 10:00 pm

In the absence of caselaw any answer I can attempt must be at least partly speculative. But the wording of the act seems fairly clearly designed to prevent units in schemes such as sheltered housing and the like from being subject to RTB.

In particular, I think what matters is not so much the physical grouping of schemes - lots of supported or sheltered housing now runs on a dispersed basis, so they don't necessarily have to be physcially close - as the ' social service or special facilities ....provided in close proximity'. In other words, it is the provision of associated care and support tied to the particular location or unit which I read as the decisive factor.

I'd welcome legal views on this interpretation.

Unsuitable or offensive? Report this reply

Eddie E

Eddie E

Posts: 8

03/03/2011 4:50 pm

The schedule has different exemptions for sheltered housing and housing for older people (paragraphs 10 and 11). Paragraph 7 is specifically about housing for the physically disabled.

I note what you say Nigel but I still think that if the service has to be in "close proximity" to the group then the group needs to be fairly close together.

Unsuitable or offensive? Report this reply

Jonathon Rushton

Jonathon Rushton

Location: London
Posts: 1

03/03/2011 7:19 pm

You will find your answer when you read Para. 7, Sh.5 to the Housing Act 1985 in conjunction with 'Your Right to Buy Your Home: A guide for tenants of councils, new towns and registered social landlords'.

Read together it is clear that the test to be applied is whether the property in question contains features substantially different to the ordinary dwelling house (by virtue of its adaptation); AND is part of a group; AND has special facilities nearby.

Whether any sinigle property falls within this exception to the right to buy has to be a question of degree in terms of the level of adaptation, grouping and services provided.  

Should you disagree with the decision taken (that you cannot exercise the right to buy) you can always appeal that decision to the Residential Property Tribunal.

Unsuitable or offensive? Report this reply

Expert post

Abimbola  Badejo

Abimbola Badejo

Posts: 120

14/03/2011 3:22 pm

It is clear that all the three matters must be considered together.  It is possible for an isolated dwelling to fall within the exception if the other requirements are satisfied. For instance you could have a ground floor flat that has been specially adapted for use of a disabled tenant.

That flat will be part of a group of flats which the landlord lets to disabled persons. Therefore provided that facilities are provided in close proximity to that flat then I think the exception will apply. As has been pointed out that will be a question of fact in each case.

Unsuitable or offensive? Report this reply

Rate this topic

  • 1 star out of 5
  • 2 stars out of 5
  • 3 stars out of 5
  • 4 stars out of 5
  • 5 stars out of 5

You must be signed in to rate.

Post a Reply

You must sign in to rate this topic or make a post

sign in register

Why not register?

Registration allows you to sign up for newsletters, comment on articles, add posts in the forums, quiz our panel of experts, and save articles and jobs in the My IH section.

Register now

Newsletter Sign-up

More Newsletters

Most active members

Most recent posts

  • posted Anonymously, 28/08/2014 1:50 pm in Options for rehousing a person with mobility needs

    HI, Firstly the fact that two of you are working should really make no difference to the scenario although they may have a better chance in securing a private rented propetry is they wanted to do so.

  • From TrackDay, 27/08/2014 4:47 pm in What makes some estates worthy of regeneration while a lot are being demolished?

    Hi, first question last.  Park Hill Flats was one of the first of its type to be developed in England in the early 1960s.  The back to back terraced pre 1919 houses it replaced were highly unpopular.  The vision of Streets in the Sky had not been sullied by bad mangement, poor (in some cases) construction and thermal insulation, and anti-social behaviour.  As a result the flats were very popular when they first opened, and even up until the late 1980s many of the original tenants were still living there.  Later developments of similar flats in Sheffield failed to ...

  • From Housing Troll Returns, 27/08/2014 4:26 pm in Resident Scrutiny Committee Ascham Homes

    Crikey, is this what 'Ask the Experts' has devolved into?

  • posted Anonymously, 17/08/2014 7:15 pm in Removing a joint tennant

    seek legal advice on having the tenancy transferred into your name via a property transfer order.

  • posted Anonymously, 11/08/2014 4:14 pm in Tenancy Succession - Urgent Advice

    To start a new thread click on Ask the Experts then after new page has loaded click on Start new discussion.

  • From Tulyar, 10/08/2014 11:59 am in Transport cost reductions - benefits for landlord and tenant

    Thanks

  • posted Anonymously, 04/08/2014 2:49 pm in Housing Association Secure tenancy into Shared Ownership - Rent Help and Advice.

    Thank you all for your responses - and appologies for my delay in replying. 

  • From izzit right, 04/08/2014 1:51 pm in Future of Supporting People

    Supporting People as a programme ceased last year (or was it the year before?) and the funding from central Govenment to Local authorities was pooled with other grants with no specific identity - I.E the LA got a sum of money that included the previous SP grant but were not told how much of the grant represented SP.

  • From Goldenchile, 04/08/2014 1:44 pm in Shared Owners & Involvement

    I have found this too as a SO customer. It seems you exist in this strange limbo state whereby you're not encouraged to communicate with the developers but if you call the HA and speak to the frontline staff they won't help once they know you are an SO customer.

  • From Rexroth, 04/08/2014 11:27 am in Tenants Charter ?

    Sorry should be Housing Corporation not HCA.

IH Subscription