Policy for Low Cost Home Ownership
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1 Policy for Low Cost Home Ownership 1. Principles 2. Definition 3. Methods 4. Statutory and regulatory requirements 5. Monitoring and review 6. Date of policy -.1 -
2 1. PRINCIPLES 1.1 The Society wishes to enable tenants and local keyworkers to purchase homes at an affordable cost. Such schemes are aimed at bringing home ownership within the reach of households on lower incomes. This policy ensures that low cost home ownership is available to households who demonstrate a housing need and also comply with the current regulatory conditions of the scheme. 1.2 The Society also operates statutory schemes for the sale of properties to sitting tenants. The Society is committed to operating the statutory schemes effectively and within statutory requirements. It may also consider voluntary sales schemes to tenants of intermediate rented properties on a shared ownership basis should: grant funding be available the financial appraisal of the individual sale recovers the Society s investment in the property and overhead costs of the sale with a reasonable margin not less than 10% above investment the relevant local authority gives its support and consent, with particular regard to the recycling or payback of any grant originally paid on the development and such sales support meeting housing need in our area of operation. 2. DEFINITIONS 2.1 Low cost home ownership includes: Shared Ownership including Do It Yourself Shared Ownership (DIYSO). Homebuy and its successor schemes Leasehold Schemes for the Elderly Low cost outright purchase/discounted sale including shared equity ownership Right to Buy/Acquire disposal of property under statutory and voluntary sales schemes. 3. METHODS 3.1 Shared Ownership Schemes The Society will work with local authorities and the Homes and Communities Agency appointed regional agent when developing and allocating low cost housing schemes
3 Under occupation will be allowed, and priority given in accordance with funding and/or planning criteria e.g. local connection provision or key workers. Existing homeowners will be considered only where there is insufficient equity/income to meet their housing need on the open market (e.g. in cases of relationship breakdown). Full advice and assistance will be provided to leaseholders wishing to sell their interest in a shared ownership property. The Society will apply to the local regional agent for nominations and advertise the property sale via the regional agent, the local council housing office, tenants newsletter, and any other appropriate medium. If the lease permits, a charge may be levied for this service. The Society will work closely with Parish Councils in the development and allocation of designated rural housing schemes. 3.2 Right to Buy and Right to Acquire Tenants with a secure tenancy will be able to apply for the Right to Buy their property in accordance with Part V of the Housing Act Some tenants with an assured non-shorthold tenancy will be able to apply for the Right to Acquire their property in accordance with Part V of the Housing Act 1985 and S.17 of the Housing Act The Right to Acquire does not apply to tenants of any property built before 1 st April The appropriate discount will be applied to the purchase price of the property in accordance with current legislation. When processing an application the Society will adhere to the statutory timescales as defined in the current legislation, and to ensure that the tenant is aware of any timescales to which they should adhere. The Society reserves the right to refuse an application for the Right to Buy/Right to Acquire if the tenant has not met the statutory application criteria. Certain properties will remain exempt from the Right to Acquire/Buy. For example, certain sheltered and supported housing properties, properties where the Society has insufficient legal interest, properties in a rural area designated by the Secretary of State under section 17(1)(b) (Right to Acquire: Supplementary Provisions) of the Housing Act 1996; properties let in connection with employment. Tenants purchasing under these schemes will be subject to a requirement to repay discount in accordance with the appropriate legislation. 3.3 Social HomeBuy Social HomeBuy scheme enables tenants who do not have the Right To Buy or Right To Acquire, to buy their current home outright or, to buy a share in their property. The Society does not currently take part in this scheme
4 However the Society will consider whether to bid to the Homes and Communities Agency (HCA) for funding to support its participation in this scheme. Any decision to participate or bid for such grants will first be approved by the Board and will form part of the Society s broader development strategy. Certain properties, however, remain exempt from disposal under this scheme, as follows: Homes which are not self contained. Sheltered and Supported housing for the elderly, the physically disabled, the mentally ill and mentally disabled. Homes which were first let before 1 st January 1990, which are particularly suitable for and are let to be lived in by a tenant of a pensionable age. Tied accommodation occupied because the tenant is employed by the Society. Homes leased temporarily from another landlord. Homes in rural communities with a population of less than Other properties which may also be exempt includes: Homes where the current value is below the cost of provision, including the costs of rehabilitation or conversion but not repair. Homes subject to restrictive covenants or agreements regarding their continued use, excluding nomination agreements which are not part of a Section 106 Agreement or similar covenant. Homes where the Society is carrying out major works, repair or improvement or can demonstrate that the contract will be let within the next three years. Houses which were originally built or acquired (but not transferred) using provided funds, donations from individuals or charitable trusts. 3.4 Sale Proceeds It is a condition that all proceeds from sales must be credited to a Disposal Proceeds Fund or the Recycled Capital Grant Fund. All monies in the fund, together with interest accrued will be used to provide new properties. 4. STATUTORY AND REGULATORY REQUIREMENTS 4.1 Homes and Communities Agency Regulatory Framework 4.2 Part V Housing Act Section 17 of the Housing Act
5 5. MONITORING AND REVIEW 5.1 Reports are submitted on specific schemes as required to the Society s Operations Committee giving details of progress on sales of new low cost home ownership schemes. 5.2 The Operations committee receives an annual report giving details of Disposals Proceeds Fund and the Recycled Capital Grant Fund. The report will specify the amounts in these funds and the unallocated amounts which will need to be spent by the deadlines set out in the HCAs regulation of these funds. 5.3 This policy will be reviewed once every three years, or more frequently if substantial changes in circumstances dictate. 6. DATE OF POLICY 6.1 January
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