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Property Lawyers and Conveyancing Solicitors in Manchester City Centre for Transfer of Public Sector Housing Estates

Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY

Transfers of Public Sector Housing Estates

. . . continued from page 13

The Preserved Right to Buy:
The entries on the Landlord's title after exercise of the preserved right to buy:
This section considers the additional entries which will be made by Land Registry against a Landlord's title (Property Title Deeds) when a Tenant instructs Property Lawyers and Conveyancing Solicitors to exercise the preserved right to buy. Although this right is very similar to the ordinary right to buy, it is undertaken under its own separate code. Accordingly any existing entries that there may be on a Landlord's title (Property Title Deeds) relating to the ordinary right to buy which operated before he bought it, will no be appropriate for transactions under the preserved right to to buy.

In the case of freehold transfers the entry made in the Property register (Property Title Deeds) of the Landlord's title on the first transaction will be as follows:
'The transfers of those parts edged and numbered in green on the title plan which were made pursuant to Part V of the Housing Act 1985 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993 took effect with the benefit of and subject to the easements and other rights specified in paragraph 2 of Schedule 6 to the said Act as it so applies.

In the case of new Leases the following entry will be made in the charges register:
'The Leases specified in the Schedule of Leases hereto which were made pursuant to Part V of the Housing Act 1985 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993 took effect with the benefit of and subject to the easements and other rights specified in paragraph 2 of Schedule 6 to the said Act as it so applies'

Acquisition of Land / Property by a Housing Action Trust:

This part considers the acquisition of an estate / development by Property Lawyers and Conveyancing Solicitors acting on behalf of a housing action trust.

A housing action trust is established by the Secretary of State or National Assembly for Wales in relation to a designated area which may be added to and which does not need to be contiguous. Broadly, the aims of a housing action trust are to renovate an area of run down housing and its general environment. In pursuance of this objective, the trust has power to:
- acquire, hold, manage, reclaim and dispose of Land and other Property;
- carry out building and other operations;
- seek to ensure the provision of water, electricity, gas, sewage and other services;
- carry on any business or undertaking and generally do anything necessary or expedient for the purposes of those objections and powers or for purposes incidental thereto;

A housing action trust can instruct Property Lawyers and Conveyancing Solicitors to acquire its assets in the following ways:

- by order of the Secretary of State or National Assembly for Wales ordering a transfer of housing accommodation from a local housing authority (e.g. Manchester, Bury, Trafford, Salford, Stockport), a county council, a waste disposal authority, a joint body established under Part IV of the Local Government Act 1985 or a residuary body established under Part VII of that Act. The Order may provide for financial terms so that the local housing authority etc. receives compensation;

- by statutory vesting by an Order of the Secretary of State or National Assembly for Wales and, where appropriate, a Minister of Land / Property which is owned by a public body or a statutory undertaker;

- by agreement, or provided the Secretary of State or National Assembly for Wales consents, compulsorily. Land / Property whether within or without the designated area of the housing action trust and whether or not adjacent to that area may be acquired and it also has limited rights to acquire other Land / Property for the purposes of exchanging Land / Property to carry out its functions. It may also acquire compulsorily new rights over other Land / Property, such as easements.

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 15 (Property Lawyers and Conveyancing Solicitors in Manchester City Centre page 15)

If you require any further information please telephone 0161 866 8999 and we will be happy to help.

Ford Banks Irwin Solicitors
50 Stothard Road
Manchester
M32 9HB

Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk

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Property Lawyers and Conveyancing Solicitors in Manchester City Centre for Transfer of Public Sector Housing Estates