URL: https://democracy.stratford.gov.uk/ieDecisionDetails.aspx?ID=4112

Decision Maker: Deputy Chief Executive

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: To agree to the proposal. Legal Services has been approached by Orbit Housing with regard to restrictions on the titles of residential properties which were formerly owned by the Council.   The restrictions are:   5.02.1997 RESTRICTION: Except under an order of the registrar no disposition by the proprietor of the land (except an exempt disposal as defined by section 81(8) of the Housing Act 1988) is to be registered without the consent of the Secretary of State for the Environment to that disposition made under the provisions of section 133 of that Act.   And   The Purchaser (here meaning South Warwickshire Housing Association Limited only) HEREBY FURTHER COVENANTS with the Council that it shall not dispose of the Property or any part thereof except with the consent of the Secretary of State for the Environment or from any other person succeeding the Secretary of State as being the person empowered to give such consent for the disposal of the Property and for the avoidance of doubt the Purchaser shall only be required to obtain such consent for so long as the Secretary of State for the Environment (or such other person as aforesaid) has the jurisdiction to give such consent and is empowered to do so PROVIDED THAT no such consent shall be required if the disposal is an exempt disposal as defined in Section 81(8) Housing Act 1988 or any similar successor legislation.   The restrictions were first imposed at the large scale voluntary transfer of the former Council properties when they were transferred to a housing association in 1996 and were relevant at the time to prevent disposals without compliance of the then statutory requirements. The Housing & Planning Act 2016 has since repealed the relevant statutory provisions and replaced them with a notification procedure rendering the provisions obsolete.   If the Council confirms the decision in Option 1, Orbit will apply to the Land Registry for the obsolete provisions to be removed.   Agree to the restrictions now being considered obsolete; or Decline to agree to the restrictions being considered obsolete.

Date of Decision: January 9, 2026