Social Housing Disqualifying Event

RE: Social Housing Disqualifying Event

2025-04-09T09:24:16Z

A disqualifying event is any change in relation to a qualifying dwelling or qualifying communal development such that it ceases to be a qualifying dwelling / qualifying communal development].

It's down to the developer/liable party who has the SH relief to show 53(3)(a) to (e) is satisfied.

I think the evidence needs to show how/where the proceeds of sale have been spent and/or transferred to the SoS etc (53(3)(a) to (e)) and I don;t think an email would be sufficient. The evidence needs to clearly show s53(3) provisions have been met or else the sale would amount to a disqualifying event.

RE: Social Housing Disqualifying Event

2025-04-07T08:02:50Z

Hi Evelyn,

I've had a similar situation. After getting advice, we accepted a 'Statutory Declaration' from the director of the social housing provider.

Regards

Claire

RE: Social Housing Disqualifying Event

2025-04-04T13:56:25Z

Hi Claire,

Thank you for your thoughts. Yes I'm happy to share when we reach a conclusion.

Kind regards,

Evelyn

RE: Social Housing Disqualifying Event

2025-04-04T07:47:01Z

Hi Evely,

My thoughts.....whilst you consider what evidence you would ask for, I would seek to respond to the developer based on the advice from your legal team. I would indicate that the information/evidence submitted does not sufficiently satisfy the requirements of Reg 53(a)-(e) and would place the responsibility on the developer to provide evidence to demonstrate their compliance with Reg 53(3)(a)-(e), effectively shifting the responsibility back to them. As the collecting authority you have made a considered interpretation of the regulations and applied them accordingly. I would be interested to hear the outcome if you are willing to share: claire.sykes@newham.gov.uk

Social Housing Disqualifying Event

2025-04-03T15:29:59Z

Hi all,

We have a CIL site where It has come to light that one of the social housing properties in the development was sold on (“staircased out” as it was a shared ownership property) before the end of the clawback period. We are therefore investigating whether this constitutes a disqualifying event. The developer has provided us an email from the Social Housing provider which states that "staircasing proceeds go into a recycled funds 'pot' for properties in the Borough, and are utilised towards the delivery of additional affordable housing."

We have sought a view from our legal team who have stated that the email from the SH provider does not support the view that Reg 53(3)(a) applies (that the proceeds are spent on a qualifying dwelling) and we would need further evidence of the use of the money from the proceeds of the sale.

My question is what evidence should we be asking for? This is the first time we have had this situation in Bedford and therefore we are hoping another Authority has been in this position and can provide some guidance.

Thanks,

Evelyn