I realise its an old thread but it's still the same problem in 2006 and it is in 2014.
Does anyone know what the implications are for either a seller or buyer where a house is sold that would still have time left on the original occupancy clause condition? Despite the council taken a dim view to this, is it ever likely they would pursue either and do anything drastic??
For example, say I have a lump of cash (lotto) and I want to buy a house that has a 10 year occupancy clause but owner has occupied it for 6 so 4 left on the clock but they want to sell for various reasons and county council won't waive remaining years.
If I don't need a loan, then presumably I could buy the house but what are the implications thereafter?
a) would council chase seller to fine them for breach of planning condition? If so, is that realistic? Has that ever happened?
b) would they pursue the buyer to fine them, though the buyer did not take out the planning so I can't see how they are liable
c) finally, it would seem that there has yet to be a contest in the high court between a county council and a houseowner of breach of an occupancy clause that has resulted in much. From what I've read from reports from law society, there are huge question marks over how constitutional some of these planning conditions are.
Seeing as we're a country full of ribbon development, surely houses have changed hands with such conditions outstanding? Just wondered, if my suspicion that little or nothing would happen as a result is correct?
