Special Notices relating to sales of former Council houses

Special Notices relating to future sales of former Council houses

It will be noted that all Council properties situated outside the urban areas of Exmouth, Sidmouth, Seaton and Honiton are sold subject to a restriction imposed under Section 157 of the Housing Act 1985, in the case of a sale under the right-to-buy scheme, or Section 37 of the Housing Act 1985 in the case of a sale under the Council's voluntary sales scheme.

The Council has resolved to impose the restriction to ensure as far as possible that the properties remain part of the general housing stock available for local people.

The restriction is that there shall be no further disposal of the properties without the written consent of the Council. However, the Council cannot withhold its consent if the person to whom the disposal is to be made has lived or has worked within the administrative County of Devon for the three years prior to the application for consent.

The Council has also resolved that in cases where consent is not automatic consent shall only be given in exceptional circumstances or where particular hardship would arise from a refusal. The restriction will remain valid until such times as the Council may notify the owner in writing of its removal and therefore will affect all future disposals.

It is suggested that a copy of this Notice is kept with the relevant properties Title Deeds for future reference and another copy is kept by the owner for the time being.

Sale of Former Council Houses in Areas Designated as Rural Areas/Areas of Outstanding Natural Beauty

In the case of those applicants to purchase who would not normally qualify for consent under Section 157 of the Housing Act 1985 (or Sections 104C Housing Act 1957, Section 19 Housing Act 1980) the Council's Policy Committee has adopted the following criteria.

Until further notice the Council's Housing Committee will normally grant any application fulfilling one or more of the following conditions:

Where the applicant will, in future, be making a significant employment contribution within East Devon District either by providing jobs, filling a key post, providing a specialist skill/service, or providing an essential public service.
Where the applicant has significant family or personal ties within Devon having previously lived or worked within the County for a substantial period of time.
Where the applicant will suffer or is suffering material hardship by virtue of their or their family's difficult domestic or medical circumstances (or as a result of genuine professional negligence causing a sale to be completed in contravention of the covenant).
Where the applicant would otherwise have to be re-housed by the Council.

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Page last updated on 24 May 2012