Mortitia Posted June 4, 2010 Report Share Posted June 4, 2010 I always try to do a bit of upgrading at my properties to improve the area and the type of tenants I can attract. Since tradesmen are readily available at the moment I got a quote for decking with rail 10' x 8' to the side of a property with a steep slope where nothing will grow. This is on an old Barratt estate of mixed social and private housing. As a courtesy I went to my local planners to see if I needed consent. Turned out I did so that was £135 and a 5 month wait as they could not decide, critisced the plans, didn't reply to my calls and letters. 4 weeks ago I just went for it and deck was built in 2 days - looks lovely and pleasant comments from neighbours all round. 2 weeks later planning permission arrived followed this week by a demand for just over £87 as an 'uplift' as I had improved the value of my property and the council are now claiming the house is built on land previoulsy owned by the council - can they do this! I checked my deeds and the land was owned by some Lord before Barratts built on it. Can the council charge like this? - I am inclined NOT to pay. Sorry for the rant but I am seeeeething. Mortitia Link to comment Share on other sites More sharing options...
Melboy Posted June 4, 2010 Report Share Posted June 4, 2010 Mortitia.......If this property is an ex-local authority property that has been sold to a sitting council tenant under the right to buy scheme and then sold onto you then the answer is yes.......a lot of councils have clauses in the selling contracts, original and beyond, that permit them to charge for any improvements made to that property in the future. Lots of previous cases have occurred with the circumstances you have described. Mel. Link to comment Share on other sites More sharing options...
Mortitia Posted June 4, 2010 Author Report Share Posted June 4, 2010 No Mel, this has never been a local authority house. It was built in the 80's for the private sector by Barratts. There are areas of this vast estate that are social or council housing but this and surrounding properties for some distance were all owner occupied until I came along 10 years ago. I feel I am taxed to death already and this is the last straw. Mortitia Link to comment Share on other sites More sharing options...
isabelm@isabelm.plus.com Posted June 4, 2010 Report Share Posted June 4, 2010 No Mel, this has never been a local authority house. It was built in the 80's for the private sector by Barratts. There are areas of this vast estate that are social or council housing but this and surrounding properties for some distance were all owner occupied until I came along 10 years ago. I feel I am taxed to death already and this is the last straw. Mortitia Link to comment Share on other sites More sharing options...
isabelm@isabelm.plus.com Posted June 4, 2010 Report Share Posted June 4, 2010 What an unfair situation! There is something called the "Unfair Contract Terms Act" but I bet it doesn't apply to arms of government. Link to comment Share on other sites More sharing options...
sjcollett Posted June 10, 2010 Report Share Posted June 10, 2010 Mortitia have you tried calling them and talking to them about this to understand what exactly it is that they are charging you for? My concern with the council is that if you leave it, they will lodge financial penalities on your land registry and then they will get it out of you when you go to sell. Might be worth an informal conversation (even if you do have to grit your teeth!) to see if you can find a middle ground. Some council workers can see sense...just hope you get a decent one! What an unfair situation! There is something called the "Unfair Contract Terms Act" but I bet it doesn't apply to arms of government. Link to comment Share on other sites More sharing options...
Mortitia Posted June 10, 2010 Author Report Share Posted June 10, 2010 Thanks for your replies. I am in a stand off situation at the moment with Council insisting there are clauses in my deeds and me saying there are not. I have the deeds so I should know. Luckily the person I am dealing with is off due to stress - LOL - so everything is on hold. Bless! Sam - you are right I don't want a charge to be put on my deeds but I think we are a long way off that. I am of the opinion that money grabbing and waster-staffed councils dream up these scams to justify their existance and I hope this government is going to put an end to it. Mortitia Link to comment Share on other sites More sharing options...
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