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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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Social housing in a right to buy which failed it was proved

Customer Question

Social housing in a right to buy which failed it was proved that the council did not own the freehold? this cost me a lot of money to investigate and to end up without being able to buy. fast forward three months and I receive a letter from the Nottingham office of the land Registry over rubber stamped by the council did not understand what it meant so I phoned the number on the letter and discovered that the council is now applying for possessory title! I have lived in the property for seven years can I apply for the title the same as the council?
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

Hi I wil try and help

Matt Jones :

have you been paying rent for the last 7 years?

JACUSTOMER-gv04in40- :

both benefits and full rent probably fifty fifty

Matt Jones :

do you know on what grounds the HA have made the application for Possessory title ?

JACUSTOMER-gv04in40- :

only that they do not hold the freehold my neighbour also in same situtation and could not complete. I

Matt Jones :

Thanks. Ok well firstly you cant make a claim for possessory title where you have been making rental payments. The reason for this is that possessory is predicated on occupying a property without consent, payment or permission, which obviously not the case here. So that rules out a similar claim by you. Once they may their claim however your should be back in the position to reassert your right to buy.

Matt Jones :

*make their claim

JACUSTOMER-gv04in40- :

Difficult situation for me as I am not the tenant my wife is, but we have seperated and i continue to live in the property and pay the rent. It is my belief that the council have it in trust

JACUSTOMER-gv04in40- :

have the council been fraudulent in attempting to sell , when they were full in the knowledge that they did not have the freehold.

Matt Jones :

Fraud is quite a difficult one to prove as you have to prove there was maliciousness or deliberate action to make money from you and they would not be likely in your case. it is more likely they were simply slow on the uptake in gathering the information about he ownership, or there has been some loss of data somewhere (not uncommon with council in my experience)

Matt Jones :

does your wife wish to proceed withe right to buy or yourself (or are you doing it on her behalf)?

JACUSTOMER-gv04in40- :

she is incapacitated under the mental act and does not want to resume our relationship, so i do not now want to buy as it is substandard single skin construction sitting on contaminated ground according to a survey.

Matt Jones :

I see, what have you paid out so far?

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