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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My partner of 14 years bought the council house that his father

Customer Question

My partner of 14 years bought the council house that his father and he had occupied for many years. We have a 4 year old son together and we all live at the property. His father has moved away and the house is in my partners name.
We have applied to re-mortgage and as I will be putting money into the deal we applied for my name to be added to the property registry. Apparently, the council have put a restricting clause in the register preventing anyone else who is either not married to my partner or who is not a direct family from becoming part owners until 2020 and are likely to refuse to issue the necessary.
Is there any legal route to have this reviewed as it seems discriminatory. Clearly the clause is to prevent inappropriate profitmaking but in this case the desire to proceed as we hoped is not that.
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhat is the exact wording of the restriction?Clare
Customer: replied 1 year ago.

its quite long but broadly says--

no transfer or lease of the registered estate before 2020 by the proprietor of the property is to be completed without a certificate given by the mayor and burgesses of the London borough of Enfield that complies with section 156A of the housing act etc or is an exempted disposal or that the disposal complies with the requirements of the housing act section 156A.

Expert:  Clare replied 1 year ago.
Out of interest - is the Solicitor acting for the mortgage company a local solicitor?
Customer: replied 1 year ago.

I don't think so but I cant find out until tomorrow.

Expert:  Clare replied 1 year ago.
Hi
It would be interesting to know - I think it COULD be part of the problem
Clare
Customer: replied 1 year ago.

I did wonder about that, I will talk to my daughter in the morning.

do you recommend anyone?

Expert:  Clare replied 1 year ago.
At this stage find out if he is local - it will show the right way forward - there may not need to be a change!
Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Clare

Thank you for your help at the time. As it turns out Enfield have now agreed to issue the certificate based on a detailed letter about my daughters situation.

Kind regards

Howard

Expert:  Clare replied 1 year ago.
HI
Thank you for letting me know - in fact I did not doubt that they would agree !
Clare

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