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Posted Tue, 26 Mar 2024 11:32:54 GMT by Amit Sharma
We have a title with one of these on a purchase and I have asked for a RX4 from otherside, they seems to say it will automatically be removed, I doubt this is correct can you confirm.
Posted Tue, 26 Mar 2024 11:55:05 GMT by Adam Hookway
Amit - LA restrictions (of a certain age) are often automatically removed so it is possible. Need to look at the wording and legislation (if any) referred to to understand more
Posted Tue, 26 Mar 2024 12:38:43 GMT by Amit Sharma
No transfer or lease of the registered estate dated before 12 February 2018 by the proprietor of the registered estate or by the proprietor of any registered charge is to be completed by registration unless accompanied by
(a) a certificate given by The Borough Council of Gateshead that the transfer or lease complies with the requirements of section 156A of the Housing Act 1985 or that the transfer or lease is an exempted disposal or is not a relevant disposal,
or
(b) a certificate given by the local housing authority for the area in which the property is situated that (i) The Borough Council of Gateshead is no longer in existence and (ii) the transfer or lease complies with the requirements of section 156A of the Housing Act 1985 or is either an exempted disposal or is not a relevant disposal.
Posted Tue, 26 Mar 2024 13:29:07 GMT by Adam Hookway
Amit - many thanks
So this is a restriction added in relation to the Housing (Right of First Refusal) (England) Regulations 2005 which prescribe conditions which the tenant must satisfy on a disposal. Those conditions last for 10 years from the date when the tenant acquired the title. That would have been in 2008 it seems hence the 2018 date referredto.
As you are now in 2024 and outside of that 10 year period the restriction will be automatically cancelled on the next sale/purchase provided that there is no indication of any intermediate transaction or that such transfer is made pursuant to a contract dated less than 10 years after the original transfer by the local authority, registered provider of social housing, registered social landlord (RSL) or Housing Action (HAT) - the latter would usually be revealed by a notice of a contract in the Charges Register
So if the above holds true, and you can ask the conveyancer to confirm, then the restriction should be automatically cancelled and no RX4 is needed

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