Selling SO house - redemption value for rented equity portion

P

pennyw

Guest
Hi everyone. My boyfriend bought a house on the shared ownership (SO) scheme before we met in 2007, and now we're looking to get engaged and settle down together, so we're looking to sell his SO property (I also have a house I am trying to sell separately; the plan is to buy something together ideally).

I am a little confused on what the redemption value on his SO house should be, especially re: the rented equity 50% portion. I think that some posters have noted that the Council will want the full-whack original valuation for their portion, despite the tumbling house prices in the last few years (the house is definately no longer worth what he paid for it, and is in negative equity as a result).

However, poking around has led me to section 10 of the Housing (Miscellaneous Provisions) Act 2002, which seems to state that the "current market value" has to be considered in any selling or purchasing the rented equity situation.

Subsection 3(a)(i) states that where a purchaser "sells his or her interest in the house...before the expiration of 20 years from the date of the shared ownership lease, the purchaser shall pay to the housing authority an amount equal to a percentage of the current market value". Furthermore, subsection 3(d)(i) states "Where the amount payable under paragraph (a) would increase the purchase price above the current market value of the house, the amount payable shall be reduced to the extent necessary to avoid that result." Payments already made (mortgage payments and rent?) and material improvements to the property (fixtures and fittings?) also have to be credited from what I can see.

Am I interpreting this section of the 2002 Act correctly? (note that the 2009 version of the Act does not repeal section 10 for exisitng SO leases, so this section applies in his case with a 2007 SO lease). If I am interpreting this correctly, then on what statutory basis exactly could the Council not accept 50% of the current market value for their 50% portion? (the mortgage for his 50% being a different matter, I would expect) Am I missing something?

I would appreciate any advice or input. Oh, what I'd give for a simple life:)

Penny
 
Hi Penny,

I am in similar situation with Cork County Council. I would like to pay off the council but the redemption figure is well above the current market value (no banks willing to give the mortgage for that property). I asked CCC about this and their answer was that the shared ownership T&C say that the original loan must be repayed to council and the current market value does not matter. In my opinion this is not right - but this was their answer. I also asked them if I could move to 100 % mortgage with council to avoid paying the rent that is very high and increases every year and they said that this is not possible also. Fnally I am planning to send an email to ombudsman . ie and i would advice you to do the same - do not expect any help form council in this matter.
regards
Skier
 
For attention; anyone with a 50/50 shared ownership property/affordable home...........................................................

im am currently trying to sell a house that i got from DCC the 50/50 shared ownership scheme. my query is as follows if I was paying a mortgage on one half and a monthly rent on the other then when it comes to selling the property shouldnt the debt be the remainder of the mortgage plus the current market value ? DCC are telling me that the rental part was in effect a loan AND that iam in effect the owner absolute of both the outstanding mortgage and outstanding "loan" making the shortfall over 70 k on what i got offered for it based on the current market value.

If the council are in effect a landlord (as i was paying a monthly rent) then the own that part , and should take the hit on decrease ?

I should point out that this has recently been the premise of court case taken by New Beginnings on behalf of a taxi driver where they are arguing that the SO transaction effectively creates a joint tenancy. Details are here

(sorry cant post external url as I am new user ) if you do a search for
"Affordable housing owner seeks to halt repossession" you get the irish times report


if anyone is interested in following through with this...i am in the process of getting a solicitor and would appreciate if others in the same position would contact me in that regard and ill pass on the details. I think that at least we will get clarification on this scam and allow people to move on with some certainty.

best wishes

yodubyo
 
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