Section 106

[wales01man]

Help
We are Social housing tenants and have been offered an exchange but the problem is the Property we are after has a Section 106 condition attached to it. This restricts residency to those who have a local connection which we have not.
Has anyone on here any experience of section 106 or knows if it is possible to overcome the problem.

Any info would be helpful we are very keen on the move and the other tenant wants our hous.

[Amethyst]

Re: Section 106

Is the potential exchange in a completely different area? (ie different council etc) Also is it HA or council (both properties) ?

[wales01man]

Re: Section 106

5 miles away different county different HA the other tenant has been told by local authority to contact HA seems no one wants or can make a decision

[Amethyst]

Re: Section 106

5 miles... do you have the wording of the 106?

[wales01man]

Re: Section 106

only there must be a local connection to rent the house the girl says there are others there with no connection before moving in

[wales01man]

Re: Section 106

The other tenant has been told its the County council that is saying no the village council and HA are OK any ideas of where to appeal .

[Wombats]

Re: Section 106

There is no automatic right to appeal short of going to JR as far as I read around this. Criteria can even be changed mid tenancy.

I found this case which you might find interesting reading:

http://www.justanswer.com/uk-law/5h5...e-housing.html

[wales01man]

Re: Section 106

Thanks Wombats does not look good seems appeal is near impossible .Unless someone else knows different

[Wombats]

Re: Section 106

As ever, don't take it as 100 accurate. I know nothing about Section 106 and just Googled to try to help. That seemed particularly relevant if it is accurate though. I guess if it throws a spanner in the works for this occupier, you'd need to ask yourself whether or not you're prepared / want to be bound by the same terms should you ever want to move in the future. It could potentially be very restrictive.

[wales01man]

Re: Section 106

I cannot find anything that may help looks like its almost set in stone ,the other tenant is very upset bit of a bummer for her we can quite happily stay here .

[Wombats]

Re: Section 106

It's crazy as the clear intention is more directed at councils imposing planning restrictions on developers so that, for example, a developer has to build and contribute to cots of a school for a new development or something like that. It appears to have been narrowed down until the conditions make it almost impossible for some to move if they live in social housing. Seems a little unfair to me, but I don't write the rules.

[wales01man]

Re: Section 106

Tenant who wants to swap with us has found out neighbour in attached flat has NO connection as required by section106,
Anyone have any ideas where to go from here

[Wombats]

Re: Section 106

Possibly ask the neighbour how they got round the issue?

[wales01man]

Re: Section 106

Seems they never knew or were told of the Issue.Makes you wonder if there is anyway the planners check on the tenants of properties built under 108?.
Would like to know what action of any they could take if the Tenants had no connection and were granted a Tenancy by the HA