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anonguest

Residency Qualification To Be Eligible To Buy A House

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http://www.rightmove.co.uk/property-for-sale/property-29285832.html

three points.....

firstly, I noted this house for sale at £110K till very recently and then saw it go SSTC.

secondly, I now see it back on the market (obviously the sale didn't go through?) at £125K! If you can't sell it at one price then the obvious thing to do is immediateky raise it?!

thirdly, and most significantly, this little gem in the newly edited advert/listing has this blurb,

"This property has a North Norfolk restriction where by enable to purchase this property, you must live or work in Norfolk for the last three years."

It is this last point that I find most intruiging. What is the objective? and is it actual legal?! Isn't there any other more fundamental law that this condition would violate. If not then would it still prevent one from buying it? i.e you could buy it but just not live in it? i.e buy the house, rent it out for three years, use the rental income to pay for you to rent somewhere in norfolk, after three such years yoiu then qualify to live in your own home........

Edited by anonguest

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I have seen something of the sort in Dorset, where there are so many holiday homes. In those cases I think it applied to ex LA houses. Presumably there had been some sort of covenant put in place when the houses were first sold off.

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I have seen something of the sort in Dorset, where there are so many holiday homes. In those cases I think it applied to ex LA houses. Presumably there had been some sort of covenant put in place when the houses were first sold off.

That is what I was thinking and, immediately after posting, a quick search reveals that this may well be the case here.....

http://www.edp24.co.uk/news/north_norfolk_district_council_set_to_ease_restrictions_on_selling_former_council_houses_1_3364899

the advertised house does (a) look to be in a bit of neglect, and ( B) cheaper than I would have expected.

I guess the restriction keeps the price depressed as it restricts the number of would be buyers. Though if, as the above article alludes to, then prices will rise if the restrictions are lifted.

My main question though remains. Are such covenants legal? Do they not conflict with some other 'superior' and more fundamental laws/rights? Is there any grounds for challenging such a covenant?

Edited by anonguest

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You often get agricultural covenants around here (Herefordshire) - the property can only be bought by someone working in farming/etc

But the thing about these restrictions is they seem self-defeating. obviously intended to protect some particular group of people/special interest. But....how does one get a chance to get 'into' farming (if they wanted to) IF they are expected to already be a farmer??!! A sort of catch-22. In other words you prevent 'new blood' joining. SImilar to the residency condition. How does one get to be a native of Norfolk IF one is forbidden from buying a place to live in norfolk??!!!

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But the thing about these restrictions is they seem self-defeating. obviously intended to protect some particular group of people/special interest. But....how does one get a chance to get 'into' farming (if they wanted to) IF they are expected to already be a farmer??!! A sort of catch-22. In other words you prevent 'new blood' joining. SImilar to the residency condition. How does one get to be a native of Norfolk IF one is forbidden from buying a place to live in norfolk??!!!

Presumably there are plenty of properties with no such conditions attached. Of course they will probably be more expensive, but I would have thought these conditions generally a good thing - at least it stops even more places being flogged off as holiday homes.

Another thing I have seen in Lyme Regis (again loads of holiday homes) is 'holiday letting is not permitted'. Of course these are leasehold flats, and this will have been inserted in the lease. The properties are invariably cheaper than other similar. But it doesn't stop anyone buying them purely for their own holiday use, and leaving them empty for most of the year.

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How does one get to be a native of Norfolk IF one is forbidden from buying a place to live in norfolk??!!!

I realise this example isn't commonplace, but if it was I'd be in an awkward situation. Most of my remaining family are in Norwich/Norfolk, but I've lived and worked around London/South East all my life. Once I'm done down here plan is to move close to my family, except I wouldn't get my passport approved and stamped on those conditions.

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Plenty of shared ownership/affordable housing schemes in London require you to have lived (or sometimes worked) locally to be eligible. One Essex district even requires you to have lived locally for 5 years to get council tax benefit.

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