Hi I will try and help
was the "offer" you received including the side garden a "section 125 offer"
does it say that on the notice?
does it say something like "offer notice - housing Act 1985 - s.125"
just one second please
sorry about that
if the offer is just an offer to seller then your acceptance of it is probably not a binding agreement. Generally acceptance of a pre-offer (i.e. in the same way as if you made an offer on a markets property though an estate agents) if not binding until you have formally exchanged contracts of sale.
if the notice is a s125 notice (which it probably is even though it doesn't say it) is a bit of a grey area
there is a case of Nessa v London Borough of Tower Hamlets in whcih the court of appeal didn't really address fully the question of whether s125 notice, once accepted, could be amended and so left the situation open
so it is probably worth arguing with the HA that they made the offer to include the side garden, and you accepted this, and so they must proceed with it
I am not sure, it really depends on how much you are willing to fight it and what the side garden is worth to you. As I say the Court of appeal has not really decided the issue so you could take it all the way to the Supreme court! Of course the first thing is to write to the Council saying that you accepted the s125 notice and so they are bound by it. See what their reaction is. Out of interest, although the side garden is not included in this second notice, will you still have the use of it as if it were yours?
is anyone else likely to have the benefit and use of it?
I see so it is defiantly in your interests to get it tied into the house so you can block it off
has the house value gone down because of the new notice?
back in a sec - please carry on
Hi back again. Well the price should, in my view, go down.
you may be able to find a local "no win no fee" solicitor who will take the case on should the HA continue to be stubborn. It is worth ringing around.
I think this is certainly a big point in your favour. This would be a major part of the claim against the HA.