Hi!
I have a site that comprises
affordable (13 units) and market housing (14 units). Before
commencement, Party A assumed liability for the whole site and
claimed social housing relief (SHR) on the relevant units. As
required, they
identified
the social housing qualifying
dwellings to enable the correct SHR amount to be calculated. Work
commenced and a demand notice was issued for the remaining charge
on the market units.
But, turns out that the site is
actually owned by Party A (social housing)
and
Party B (market housing), and
Party B have now said that they are to pay the due charge relating
to the market housing. On request, they've submitted a transfer of
liability relating to the 14 market housing units only. However,
it lists the relevant market plots to be transferred and that
makes clear that there was an error in the original SHR claim.
Party A, as the SHR claimant, claimed SHR for 'Plot 1' when they
should have claimed SHR for 'Plot 2'. Party B have confirmed that
Plot 1 is to be a market unit.
Technically, I think that error
means Plot 1 stops being social housing and so can't benefit from
relief, but they can't make a new claim for SHR on Plot 2 because
the development has commenced.
Am I interpreting
this correctly? Or is there a way round this? Thanks.
