Content

To agree to the
proposal.

Reasons for the decision

Legal Services has been
approached by Orbit Housing with regard
to restrictions on the titles of residential properties
which were formerly owned by the Council.
 
The restrictions
are:
 
5.02.1997 RESTRICTION: Except under an order of the registrar
no
disposition by the proprietor of the land (except an exempt
disposal as
defined by section 81(8) of the Housing Act 1988) is to be
registered
without the consent of the Secretary of State for the
Environment to that disposition made under the provisions of
section 133 of that Act.
 
And
 
The
Purchaser (here meaning South Warwickshire Housing
Association
Limited only) HEREBY FURTHER COVENANTS with the Council that it
shall not dispose of the Property or any part thereof except with
the consent of the Secretary of State for the Environment or from
any other person
succeeding the Secretary of State as being the person empowered
to give
such
consent for the disposal of the Property and for the avoidance of
doubt the Purchaser shall only be required to obtain such consent
for so long as the Secretary of State for the Environment (or such
other person as aforesaid) has the jurisdiction to give such
consent and is empowered to do so PROVIDED THAT no such consent
shall be required if the disposal is an exempt disposal as defined
in Section 81(8) Housing
Act
1988 or any similar successor legislation.
 
The restrictions were first
imposed at the large scale voluntary
transfer of the former Council properties when they were
transferred to a housing association in 1996 and were relevant at
the time to prevent disposals without compliance of the then
statutory requirements. The Housing & Planning Act 2016 has
since repealed the relevant statutory provisions and replaced them
with a notification procedure rendering the provisions
obsolete.
 
If the Council confirms the
decision in Option 1, Orbit will apply to the Land Registry for the
obsolete provisions to be removed.
 

Alternative options considered

Agree to the
restrictions now being considered obsolete; or
Decline to agree to
the restrictions being considered obsolete.