HAVEBURY HOUSING PARTNERSHIP

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1 HS0025 HAVEBURY HOUSING PARTNERSHIP POLICY HOME PURCHASE POLICY Controlling Authority Director of Resources Policy Number HS025 Issue No. 3 Status Final Date November 2013 Review date November 2016 Equality & Diversity Impact Assessment carried out 4 th April 2011 Impact - Medium Page 1 of 15

2 THE HAVEBURY HOUSING PARTNERSHIP HOME PURCHASE POLICY 1. PURPOSE 1.1 The Havebury Housing Partnership (hereafter known as Havebury) has a statutory duty to allow tenants with the appropriate rights to purchase their homes and will meet its responsibilities in accordance with the framework laid out in the policy. 2. SCOPE 2.1 This policy relates to all properties owned by The Havebury Housing Partnership and includes The Preserved Right to Buy, The Right to Acquire and Shared Ownership. 2.2 The first part of the policy covers The Preserved Right to buy and The Right to Acquire and where the term "Application to Purchase is used it includes both the Right to Acquire and the Preserved Right to Buy. 2.3 The second part of the policy covers Shared Ownership. Shared Ownership will be used throughout this document to describe this form of shared equity ownership. 3. RESPONSIBILITIES 3.1 The Operations Committee, having formally adopted The Home Purchase Policy, accepts responsibility for the implementation and monitoring of its effectiveness. 3.2 Day to day responsibility remains with the Chief Executive and Management Team. The Head of Finance will be nominated controlling authority. 3.3 Issue control, management of duly authorised procedures or amendments will be the responsibility of the Director of Resources who will ensure that they are circulated to appropriate individuals and that they are kept updated with current versions. Page 2 of 15

3 PART ONE - PRESERVED RIGHT TO BUY AND RIGHT TO ACQUIRE 4. METHOD Legal and Regulatory Framework 4.1 The legislation governing the sale of public sector property developed out of government policy in the late 1970s and is contained in several acts of parliament as well as in various orders and regulations. The legislation includes: The Housing Act 1985 The Housing Act 1996 The Housing Act 2004 The Housing (Preservation of Right to Buy) Regulations The Home Purchase Policy will comply with the Homes and Communities Agency s Regulatory Code and Guidance and its Charter for Housing Association Applicants and Residents. 4.3 As the legislation is complex and subject to change, Havebury will engage legal advisors with appropriate experience to ensure it complies with the legislation and act on behalf of Havebury in the transfer of properties. Compliance With Legislation 4.4 Havebury will seek to implement the Preserved Right to Buy and the Right to Acquire in strict accordance with the rules, regulations and time limits set in the legislation. 4.5 The necessary information and assistance will be provided to ensure applicants understand the operation of the Preserved Right to Buy or the Right to Acquire. This will include issuing information to tenants about their rights to purchase and information to applicants on the current legislation, regulations and rules applicable. 4.6 Havebury will keep accurate records of all applications to purchase to ensure that it complies with the legislation and will review its policy, procedures, documentation and transfers regularly to ensure that it complies with current law and good practice. 4.7 Havebury will sell the freehold interest in its houses and bungalows and will sell long leasehold interests in its flats and in houses built over garages. Page 3 of 15

4 Eligibility Preserved Right to Buy 4.8 A tenant may be eligible for the Preserved Right to Buy if they satisfied the qualifying criteria on 24 June 2002 and have signed and completed a preserved rights tenancy agreement. 4.9 As the Preserved Right to Buy is a personal right that arises from the fulfilment of the criteria in 4.8 above, Havebury will deny all applications for the Preserved Right to Buy where these criteria are not met. Right to Acquire 4.10 Tenants who have been given an Assured Tenancy on and after 24 June 2002 may be eligible for the Right to Acquire The government has, through regulations, excluded some rural properties from the Right to Acquire. Havebury will deny the Right to Acquire for any property located in an area excluded by regulation The Right to Acquire only applies to Havebury stock acquired under the stock transfer or with grant assistance. The Right to Acquire will be denied where properties are provided through Havebury s own resources. Family Members 4.13 The legislation defines which members of a tenant s family can join the Application to Purchase. Havebury will only allow members of the family within the definitions to join the Application to Purchase. Schedule All applicants will be asked to make a declaration in respect of employment by, or relationship to a member of Havebury. This does not preclude their application but ensures that the application is treated without favour. Suitability For Elderly 4.15 Havebury will apply the criteria relating to denial on grounds of suitability for elderly persons to all property. Havebury will deny applications where the application meets the criteria for denial of the Application to Purchase. Page 4 of 15

5 Demoted Tenancies 4.16 Havebury will take all appropriate action against anti social behaviour including demotion orders. Where a demotion order is granted, the ability to purchase is lost for the duration of the order. Havebury will not sell property where a demotion order is in place The period of the demotion order is to be excluded from the calculation of qualifying periods and discount. Havebury will seek information from other landlords about demotion orders so as to correctly calculate these items Where a tenant has the Preserved Right to Buy and is made subject to a demotion order, the Preserved Right to Buy is lost permanently and cannot be regained. When the demoted assured shorthold tenancy ends and a fully assured tenancy is granted, the Right to Acquire is substituted for it thereafter. Havebury will deny applications for the Preserved Right to Buy where this situation arises. Time Limits on Applications 4.19 Havebury will seek to implement the time limits set out in the legislation Havebury will serve the first notice to complete three months after the offer of sale has been accepted by the tenant Valuations 4.21 Havebury will employ qualified valuers to prepare valuations in accordance with the requirements of the legislation. Planned Maintenance and Repairs 4.22 Havebury will remove all properties from its planned maintenance and improvement programmes when an application to purchase is made. If the purchase does not complete, the property will be returned to the planned maintenance and improvement programmes Havebury will only provide an emergency repair service to properties where the tenant has applied to buy their home. The work undertaken will be limited to those defined in the Tenants Handbook as emergency repairs Page 5 of 15

6 Repayment of Discount 4.24 The discount given on the purchase price must be repaid if there is a qualifying disposal within the relevant period Havebury will require the repayment of discount unless the transfer is an exempt disposal as defined in the legislation There is discretion to waive part or the entire discount repayable at the time of disposal in circumstances set out in Guidance Note Right to buy the use of discretionary powers on repayment of discount published by The Office of the Deputy Prime Minister in January In view of its duties under the Homes and Communities Agency Regulatory Code and as a registered charity, Havebury will only waive repayment of discount in exceptional circumstances. The decision to waive discount will be referred to Operations Committee/Board and will be assessed in line with the criteria set out in Guidance. Postponement of Charge 4.28 The requirement to repay discount is registered as a charge on the property. If the purchaser wishes to borrow additional monies they must seek Havebury s consent to do so. Postponement During Application to Purchase 4.29 In accordance with legislation, Havebury will issue consent to postponement if the purchaser seeks to borrow additional monies during the exercise of the Application to Purchase for allowable items of expenditure The legislation requires that postponement of charge must be given where the additional borrowing is for works of improvement to the property. The term improvement is not defined. Havebury will not postpone its charge for white goods unless they are fitted and installed as an integral part of the kitchen nor will it include soft furnishings such as carpets and curtains. Postponement After Purchase Completed 4.31 The legislation is silent on how requests for postponement of charge after the initial purchase has been completed are to be treated. Havebury will apply the criteria for postponement of charge as set out in paragraph 4.30 above. Page 6 of 15

7 4.32 In order to protect its interest in the property Havebury will not normally postpone its charge where the sum of the total borrowing against the property and the amount of discount to be paid exceeds 85 percent of the value of the property. The Director of Resources has discretion in the last six months of the discount repayment period to allow postponement where the 85 percent limit is exceeded, but to no more than the value of the property. Right of First Refusal 4.33 The Housing Act 2004 requires that a covenant is imposed obliging the purchaser to offer the property back to Havebury if it is sold within ten years of the purchase under the Application to Purchase. This requirement applies to freehold and leasehold disposals Havebury will consider requests to repurchase properties. Each opportunity to repurchase will be considered on its own merits and will include an assessment of housing need, affordability and the condition of the property. Havebury will not nominate another social landlord or housing authority to buy the property. CORE Returns 4.35 Havebury is required by the Homes & Communities Agency to submit information about the properties it sells and about the purchasers Havebury will send a questionnaire to each purchaser asking for the required information. Havebury will submit information about the property and the purchasers as required. Service Standards 4.37 Havebury will: Treat all applicants with courtesy and respect and provide as much assistance and information as possible. Send an information pack and application forms within one working day of their request Discuss applications in private at the Bury St Edmunds office during normal working hours and without the need for an appointment. Applicants will normally not be kept waiting for longer than 10 minutes. Page 7 of 15

8 On request of the applicant, visit applicants at home or another agreed location within working hours to discuss the application to purchase. Acknowledge applications to purchase within 1 week of receipt. Seek to serve the following notices within the prescribed timescales: RTB2 notice admitting or denying the application to purchase within four weeks (eight weeks where applicant was a tenant of another landlord) Offer of sale notice within 8 weeks of RTB2 notice for a house Offer of sale notice within 12 weeks of RTB2 notice for a flat 28 Day notice after 12 weeks after the offer of sale notice The first Notice to complete 12 weeks after the offer of sale is accepted. PART TWO - SHARED OWNERSHIP 5. METHOD Legal and Regulatory Framework 5.1 Legislation introducing shared ownership first appeared in the early 1980s. There is no specific legislation governing shared ownership and the Homes and Communities Agency Capital Funding Guide provides the framework in which Shared Ownership is to be operated 5.2 The following legislation affects the operation of Shared Ownership leases: Landlord and Tenant Acts 1985 and 1987 Leasehold Reform, Housing and Urban Development Act 1993 Property Misdescriptions Act 1991 Housing Act 1996 Rent and service charge 5.3 The Home Purchase Policy will comply with the Homes and Communities Agency s Regulatory Code and Guidance and its charter for housing association applicants and residents. Page 8 of 15

9 5.4 As Shared Ownership is complex and subject to change, Havebury will engage legal advisors with appropriate experience to ensure it complies with the legislation and act on behalf of Havebury in the transfer of properties. Compliance With Legislation 5.5 Havebury will seek to implement shared ownership in accordance with the rules and regulations and in accordance with best practice. General 5.6 Shared Ownership is aimed at helping people in housing need who cannot afford to purchase in the open market. In offering shared ownership homes, Havebury will seek to enable people to acquire a property that is appropriate to their needs. 5.7 A key element of shared ownership is affordability. Havebury will seek to provide homes that are viable and affordable. Household income will be a key consideration in assessing affordability. Rental levels on the unsold equity will reflect the need to cover Havebury s costs, affordability and the Homes and Communities Agency standards and regulations. 5.8 Havebury will meet its contractual and statutory repairing obligations toward shared ownership properties. When any defect periods have expired, Havebury will take responsibility of the exterior of the building for flats. For houses, the shared owner will have full repairing responsibility under the lease. Initial Share 5.9 The initial share available for purchase is established when the funding bid is made. Havebury will normally offer an initial purchase share of 50% but will adopt a flexible approach to the size of the initial purchase share. The Homes and Communities Agency recommends that shared ownership schemes should be based on an initial percentage purchase of between 25% and 75%. Havebury will keep the initial share within these guidelines. Staircasing 5.10 A Shared Ownership purchaser is able to buy a share of the property and pay rent on the remaining share. Further shares can be bought until, in most cases, the property is owned outright. All shared owners of flats will be leaseholders of Havebury, which will remain the freeholder of the property. Page 9 of 15

10 5.11 Havebury will allow staircasing up to the maximum amount in any individual scheme. This is normally 100% but can be less in rural schemes or schemes intended specifically for the elderly Havebury will adopt a flexible approach to the purchase of further shares. The minimum purchase tranche will be 10%. However, the share size for staircasing will be set for each individual scheme. The affordability criteria will be applied to all requests to increase the purchased portion. Flexible Tenure Policy 5.13 Flexible Tenure is a discretionary scheme designed to allow owners to remain in their homes where their financial circumstances are precarious and they are in danger of losing their home Havebury will consider requests for equity re-purchase on an individual basis where the ownership is less than 100%. It will be necessary for the shared owner seeking to reduce their holding to confirm that they have explored all other solutions to their current financial position and that they will be able to afford the reduced mortgage and rental payments. Evidence of their current difficulty to meet their mortgage and rental payments will be required and that all other options, such as relocation, land loan rescheduling, have been explored. Eligibility 5.15 All applicants for shared ownership will be required to register their interest with Orbit Help to Buy the zone agent for the Eastern Region. Orbit Help to Buy will assess all applications for compliance with the Shared Ownership scheme. Applications for Shared Ownership properties offered by Havebury will only be considered if they meet the criteria applied by Orbit Help to Buy Havebury will apply the following eligibility criteria to all applications referred from Orbit Help to Buy: Income - This must be sufficient to meet the costs of Shared Ownership but not to purchase outright. The cost of mortgage and rental payments must not exceed 30% of gross household income. Applicants must have sufficient resources to meet the costs of purchase. Page 10 of 15

11 Size of Household - the following will normally be applied. Applicants will not normally be offered accommodation which is more than one bedroom larger than their existing need. Applicant(s) with no children/dependants Applicant(s) with 1 child/dependant or pregnant Applicant(s) with 2 children/dependants Applicant(s) with 3 or more children/dependants 1 or 2 bedroom property 2 or 3 bedroom property 2 or 3 bedroom property 3 or 4 bedroom property Allocation of Shared Ownership Properties 5.17 Havebury will apply the eligibility and allocation criteria equally and fairly to all applications Havebury will apply any scheme specific criteria to all applicants before any other criteria, e.g. rural exception site residence requirements (which usually forms part of a Section 106 agreement which stipulates allocation of properties to those with specific local connections to the area),and Key Workers Havebury will allocate properties on the basis of the following priority basis: 1 Social housing tenants already living in the area (who then give up their rented tenancy) ensuring that a low rent property then becomes available to someone else in housing need. This helps to meet the needs of two households. 2 The priority band allocated to the applicant on the Cambridge Sub Regional Choice Based Lettings Register. These are: Band A - Urgent Need Band B - High Need Band C - Medium Need Band D - Adequately Housed 5.20 Applicants will be required to submit financial information to show the affordability of the proposed purchase including a copy of their mortgage offer for the property Where a number of applicants meet the eligibility criteria and share the same priority band, then date of application to Orbit will determine the allocation. Page 11 of 15

12 5.22 All applications will be considered by the Property Advisor and Head of Finance will allocate property for each scheme in accordance with the eligibility and allocation criteria set out above. Where necessary, Allocations and Neighbourhood Teams to also be consulted. Rent and Service Charge Setting 5.23 Rent is charged on the value of the unsold equity share at the time of initial purchase. The rent level must be the same as that stated at the grant confirmation stage The rent charged on the unsold equity will be calculated at the rate indicated in the capital funding guide relevant to each scheme approval Rent increases will be in line with the rate indicated in the capital funding guide (normally calculated with reference to the Retail Price Index) relevant to each scheme and will occur on 1 April Service Charges will be set in accordance with guidance and will reflect the costs incurred by Havebury. Rent Arrears 5.27 Havebury will monitor rental payments to ensure that Shared Ownership is sustainable. Rent arrears will be managed in accordance with the Rent Collection & Arrears Recovery policy. Havebury will seek to maintain shared ownership through the provision of advice and its financial inclusion activities. The Lease 5.28 Havebury will use a standard 99 year lease based on the Homes and Communities Agency model lease modified according to the scheme and our requirements. Valuations 5.29 Havebury will employ qualified valuers to prepare valuations in accordance with the requirements of the legislation. Improvements 5.30 Requests for improvements will be required in writing and permission will be granted by the Property Team in line with the criteria used for permissions given to tenants and owner occupiers. Page 12 of 15

13 5.31 Permission will not be required for the following works: Replacement floor coverings (except laminate flooring in flats) Redecoration Landscaping and general garden improvements General repairs and maintenance Further Advances and Remortgaging 5.32 Havebury will only approve further lending for works of improvement or, where no other source of funding is available, for works of essential maintenance where the loan is secured after its charge on the property Havebury will not give approval to further lending secured on the property where the loan is secured on the property before Havebury s charge on the property Havebury will not approve further lending where the applicant is seeking to consolidate unsecured personal loans and/or debt Havebury will approve applications for re-mortgage for more favourable lending terms provided that the new loan is at least equal or less than the current mortgage amount outstanding. Subletting 5.36 Havebury will consider on individual merit, applications in writing to sublet the property as exceptions to the prohibition required by the Homes and Communities Agency lease against subletting. Approval is likely to be given in the following circumstances: Requirement to work away from home on a temporary basis Education or training away from home for a temporary period Caring for a sick relative Financial or market conditions delaying or preventing the sale of a home. Selling On 5.37 Havebury will allow a shared owner to purchase a second shared ownership property from it in the following circumstances: Overcrowding or over-occupation Financial problems relating to existing housing costs Medical reasons Harassment Under occupation The need to be closer to work. Page 13 of 15

14 5.38 Where a shared owner wishes to sell, notice should first be served upon Havebury giving the opportunity to purchase the property. Havebury must then either accept the offer or decline. In most circumstances, Havebury declines the offer but must proceed to nominate a purchaser within 8 weeks. If Havebury fail to find a suitable buyer, the shared owner is then free to approach an estate agent to market, and Paragraph 5.39 would then apply Havebury will give its approval to the assignment of shared ownership property to a purchaser who meets the eligibility and allocation criteria established in this policy. It is preferable that a purchaser meets the eligibility criteria, but if it can be demonstrated that no suitable shared owner can be found, the property may be assigned to any purchaser. Service Standards 5.40 Havebury will: Treat all applicants with courtesy and respect and provide as much assistance and information as possible. Discuss applications in private at the Bury St Edmunds office during normal working hours and without the need for an appointment. Applicants will normally not be kept waiting for longer than 10 minutes. On request of the applicant, visit applicants at home or another agreed location within working hours to discuss the application to purchase. All information provided in support of applications to purchase will be kept strictly confidential. Information supplied for unsuccessful applications will be destroyed through our confidential shredding service. Monitoring 6.1 The Operations Committee will have responsibility for the review of the policy. 6.2 The Performance & Scrutiny Panel will have responsibility for monitoring progress: feedback about service delivery Page 14 of 15

15 details of any complaints about or against the system in operation 6.3 The Corporate Complaints Panel will have responsibilities for monitoring. Page 15 of 15

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