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Please can someone provide any guidance or advice on the above topic I believe involves novel and important points of law.
I sold my home late February 2020 and needed to stay in temporary accommodation due to an overrun in the construction of a new home I had agreed to purchase from a national builder. On the 31st March 2020 I had a legal obligation to simultaneously exchange contracts and complete on that purchase as the emergency Coronavirus Restrictions and Laws were put in place by Parliament. Due to those emergency Lockdown Restrictions and Acts of Parliament I was unable to occupy the home I purchased as my main residence for a short period of time and it was kept unoccupied.
At this time ONLY limited home moves were permitted under Section 6 (2) of the Health Protection (Coronavirus Restrictions) (England) Regulations 2020 and only house moves that where "reasonably necessary" were allowed. I've struggled to find any legal guidance as what "reasonably necessary" means especially where now there is a "serious and imminent" threat to public health due to the Coronavirus.
I wrote to my local council seeking a discount or an exemption for the short period of time my occupation was prohibited and the council told me "there are no discounts or exemptions available due to the global pandemic that has recently affected the world population". Also, as the property was purchased for my sole occupation they could not apply a sole occupancy discount until the property could be occupied.
My local council also denied any discretionary discount under Section 13a of The Local Government Finance Act 1992.
I have taken this matter to tribunal but its very daunting for a layman (sorry layperson) to self represent in a complex area of law where I do not want to suffer a disadvantage and there is little background cases I can find. The key legal argument from the Council is "there are no regulations that legally prohibited occupation of the property"
I am really struggling to unpick the legal construct of the Class G (Exempt Dwellings, Amendment) Order 2006 which states;
"
(b) the occupation of which is otherwise prohibited by law; or
(c) which is kept unoccupied by reason of other action taken under powers conferred by or under any Act of Parliament, with a view to prohibiting its occupation or to acquiring it;
"
I can see Class G (a) does not apply as that seems to relate only to planning restrictions. That leaves either Class G (b) OR Class G (c) that might apply here doesn't it?
Class G (b) seems like a simple construct that might apply; however I do not understand what otherwise here means in context of the law and under what circumstances occupation would be considered prohibited by law? The Council say "there are no regulations that legally prohibited occupation of the property".
Class G (c) also seems to me like a simple construct that might also apply here; but the councils argument is the property is not kept unoccupied by reason of other action taken under powers conferred by or under any Act of Parliament with a view to prohibiting its occupation or acquiring it e.g.; subject to a Closing Order, subject to a demolition order, subject to a compulsory purchase order. - Where did that come from?
I sold my home late February 2020 and needed to stay in temporary accommodation due to an overrun in the construction of a new home I had agreed to purchase from a national builder. On the 31st March 2020 I had a legal obligation to simultaneously exchange contracts and complete on that purchase as the emergency Coronavirus Restrictions and Laws were put in place by Parliament. Due to those emergency Lockdown Restrictions and Acts of Parliament I was unable to occupy the home I purchased as my main residence for a short period of time and it was kept unoccupied.
At this time ONLY limited home moves were permitted under Section 6 (2) of the Health Protection (Coronavirus Restrictions) (England) Regulations 2020 and only house moves that where "reasonably necessary" were allowed. I've struggled to find any legal guidance as what "reasonably necessary" means especially where now there is a "serious and imminent" threat to public health due to the Coronavirus.
I wrote to my local council seeking a discount or an exemption for the short period of time my occupation was prohibited and the council told me "there are no discounts or exemptions available due to the global pandemic that has recently affected the world population". Also, as the property was purchased for my sole occupation they could not apply a sole occupancy discount until the property could be occupied.
My local council also denied any discretionary discount under Section 13a of The Local Government Finance Act 1992.
I have taken this matter to tribunal but its very daunting for a layman (sorry layperson) to self represent in a complex area of law where I do not want to suffer a disadvantage and there is little background cases I can find. The key legal argument from the Council is "there are no regulations that legally prohibited occupation of the property"
I am really struggling to unpick the legal construct of the Class G (Exempt Dwellings, Amendment) Order 2006 which states;
"
Class G: an unoccupied dwelling -
(a) the occupation of which is restricted by a condition which—
(a) the occupation of which is restricted by a condition which—
(i) prevents occupancy, and
(ii)is imposed by any planning permission granted or deemed to be granted under Part 3 of the Town and Country Planning Act 1990(3); or
(b) the occupation of which is otherwise prohibited by law; or
(c) which is kept unoccupied by reason of other action taken under powers conferred by or under any Act of Parliament, with a view to prohibiting its occupation or to acquiring it;
"
I can see Class G (a) does not apply as that seems to relate only to planning restrictions. That leaves either Class G (b) OR Class G (c) that might apply here doesn't it?
Class G (b) seems like a simple construct that might apply; however I do not understand what otherwise here means in context of the law and under what circumstances occupation would be considered prohibited by law? The Council say "there are no regulations that legally prohibited occupation of the property".
Class G (c) also seems to me like a simple construct that might also apply here; but the councils argument is the property is not kept unoccupied by reason of other action taken under powers conferred by or under any Act of Parliament with a view to prohibiting its occupation or acquiring it e.g.; subject to a Closing Order, subject to a demolition order, subject to a compulsory purchase order. - Where did that come from?
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