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JSM LAW, Advocate
Category: Law
Satisfied Customers: 9
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We want to buy an ex council house wiith a 1989 restriction

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We want to buy an ex council house wiith a 1989 restriction order on it. Namely no one who isn't local can buy it unless they have lived in the area for 3 years. If one son who is local buys it can his brother who isn.t live in it - he would not be paying rent to it
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We had our offer accepted on behalf of the son who has not lived in the area in the last three years and the searches came up with this restriction. I have asked the MS for the area to try and help as the council/s legal department ;does not seem to be moving on this. The son who wants to buy it lived in the area until 6 years ago then moved to be near me to help with my husband who was dying of Parkinson disease..Now he needs to move back and this house is in his price bracket. He has learning difficulties and is also a single parent. His brother lives in the village so could buy it, let him live in it for three years if we cannot get the restriction lifted then gift the house back to him.
JA: Where is the house located?
Customer: Penmaenmawr in the borough of Conwy in North Wales. He is currently living in rent accommodation in Llangoed Anglesey and has to move by May.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We are cash buyers. My grandson Liam's Mother has mental health problems and is in sheltered accommodation in the borough and Liam's aunt and cousins all live in the borough of Conwy. He will be going to St. Davids School in September which is situated just outside Llandudno.

Hello, thank you for contacting us here at just answer. I am very sorry to hear of your situation, however these statutory rules are very strict. If your son that has lived locally for more than the requisite 3 years can buy it, then he could buy it and what he does with it after purchase or who he lets to live in the property would not be of concern to the local authority. They may however suspect that the son who qualifies is not using it for himself and can validly refuse to accept his offer. It I regrettable that he has not been in the borough for the last 6 years but if you trust that as brothers your son that qualifies will honour the agreement to then transfer to his brother once he has lived in the property for the 3 years then you could go forward with having him put his offer. I wish you all the best.

JSM LAW and 2 other Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you very much. I have been told that my son cannot rent off his brother under the restriction so how do we managed to make sure he qualifies as having lived there for free for three years.
Customer: replied 9 months ago.
If he lives in the house for free for three years how does he prove he has been in the borough for the requisite time or could they both get into trouble if my son lives there for free. Additionally Will we ever be able to get the restriction removed