Council Loft Conversion Woes

[noiseache]

Hello,

 

A number of years back my company collapsed and( when property became unaffordable to the ordinary punter!) we ended up in council accomodation. Having been here for a while we decided to apply for a loft extension as the place is pitifully small.

 

We sent a nicely worded letter to the local authority but within days were sent a reply flatly turning us down and also saying that even if we bought the place we still couldn't convert because the council would own the freehold and wouldn't give permission.

 

My blood was boiling but I had to swallow.

 

However, we are now expecting another baby, nearly 17 years between them, and this means our already rabbit hutch size maisonette will become even more crowded! Our own room hasn't enough space to even walk around the bed and our daughter often has her boyfriend and friends staying, she works until late in the evening and it's unfair (and against council housing policy apparently) to expect her to share her already cramped room with a baby.

 

So, we applied again, this time with more weight to our case and the fact that since our previous application 3 of our neighbours have had extensions carried out to their maisonettes both to the upper and ground floors. The precedent had been set so we were almost drawing up plans for the new space.

 

No such luck...again within days we had yet another knock back saying the council NEVER EVER EVER give permission to extend maisonettes...except if the houses belong to our neighbours it appears.

 

So, bearing in mind other people have had it done and since doing them, both have since sold up and moved on (yes, they improved the properties and then sold, making an extra £80k for £20k's work!) surely we are entitled to be treated equally...what is good for the goose must surely be good for the gander? Right?

 

I've since written again with my case but this time haven't heard back as yet, but in the meantime I'm looking at my options.

 

Can I take the council to court for seemingly allowing my neighbours to have extensions and not us? Not only that every time I look out of my window I see these 2 massive dormers hanging off the roof and it's just rubbing my nose in it! All the while I'm banging into things in this shoe box, unable to move or improve the property. (average price on 3 bed house in our area is £380,000-North East Surrey)

 

Does anyone have any idea where I stand or who I should approach regarding my dilemma?

 

Thanks in advance. DH.

[Michael Browne]

Just to be clear, when you say 'we ended up in council accomodation.' are you renting or do you own an ex- council property?

[noiseache]

Just to be clear, when you say 'we ended up in council accomodation.' are you renting or do you own an ex- council property?

 

Renting from the council.

[Michael Browne]

Then I'm afraid they have the last say on what they allow to be done to their property, irrespective of what neighbouring property owners have done.

[noiseache]

So you don't think mounting a legal challenge would be of any use, bearing in mind precedents are the basis of many cases (and a lot of law) brought before the courts?

[Michael Browne]

Presumably neighbours who have extended their properties are owner-occupiers and are therefore entitled to apply for planning permission and make improvements. As a tenant you do not have that right without the express agreement of the Council, so any legal challenge would fail.

[giantsf49er]

Would it not just be easy to get on the housing exchange list for your area?

 

The housing association will be under a legal obligation to make sure that you are properly housed, so when your new baby comes along you should be able to claim that you are overcrowded, and this in turn moves you up the housing list.

 

We owned our own property but it was a 2 bed with an 8 yr old girl and 6 yr old boy sharing a room. We were on the list for six months before the housing association gave us a 3 bed property with front and rear gardens and a drive.

 

Unfortunately as long as the housing association own the property they can stop you adding an extension. It sounds like your neighbours bought their properties before making the alterations so the housing association would no longer have a say as to what happened to the house.

[kennythecelt]

Presumably neighbours who have extended their properties are owner-occupiers and are therefore entitled to apply for planning permission and make improvements. As a tenant you do not have that right without the express agreement of the Council, so any legal challenge would fail.

 

I have to agree entirely with Michael and any legal challenge is doomed with you definitely lossing and paying all costs.

 

Sorry, as I know it is not the answer you want. The neighbours you see around you have bought and that is different entirely.

 

This is based on the council house situation in Scotland, where I worked for 28 years.

 

Try a move through their waiting list for a transfer or an exchange with someone looking for a smaller house. The council can give advice on how to do this. There is also the possibility of applying to local housing associations who might be an option.