Confused on selling Ex council house

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vectra1

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To cut a long story short.
My parents purchased the house they live in from Cork Co.Co. around the mid 70's
My father passed away in 87.
My mother passed away last September.
The house was left to the 4 of us and will be going for sale very soon.
The question is something I am slightly confused over.
Our Solicitor said something about the tenant purchase rules it was purchased under. (something to do with the 1965 act ) ??? << I could have that worded wrong.
But according to her, because my parents bought it from the council, when it is being sold it can only be sold to an occupier, who apparently must sign a declaration that it will be their sole residence.
But apparently if and when they would sell it, a property developer could buy it and rent it out.
Sounds confusing to me, but again I never had any dealings of this.
I know, it should be a case of ask her again, but she s extremely loud and fast talker. I find it difficult to understand her terminology at times.
Anyone in the knowledge of this?
Thanks
 
But according to her, because my parents bought it from the council, when it is being sold it can only be sold to an occupier, who apparently must sign a declaration that it will be their sole residence.
But apparently if and when they would sell it, a property developer could buy it and rent it out.

The same conditions apply to the initial purchase of a property from Dublin City Council, it attached to ex-council properties on initial sale.
When sold on again, the immediate purchaser must be someone in need of housing, so cannot own another residence, must make a declaration to this effect.

That purchaser can sell the property onto whoever. The clause is extinguished.
 
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vectra1 said:
I know, it should be a case of ask her again, but she s extremely loud and fast talker. I find it difficult to understand her terminology at times.
Anyone in the knowledge of this?
Click to expand...
Talk to an estate agent who has sold similar houses in the area.

They will likely have encountered this issue before.
 
She is l
ikely referring to Section 90 of the 1966 Act as highlighted below;

1720529610357.png
 
The buyer also cannot have owned a house before. This is/was proved by the Council requiring the buyer to get a formed filled by Revenue, which basically stated they never claimed Mortgage Interest Relief.
 
You will need permission from council too sell it.
Very basic stuff but did hold things up for about 2/3 for us last October.
 
vectra1 said:
This is something I suggested to the auctioneer when I approached them.
It is a possibility, so I will get him to run it by them.
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It is probably something that you should investigate yourself as we found it saved on auctioneer's fees so not in his best interest if it were a success.
 
Another option is to flag to the Auctioneer to advertise it as owner occupiers only or first time buyers only (due to ex council house convenant) or somesuch, depending on the small print.
 
If selling back to the council be prepared to wait. That has been the experience of a family member and also of a few people here. I'm not suggesting you shouldn't but just be prepared for long intervals of silence.
 
Sue Ellen said:
It is probably something that you should investigate yourself as we found it saved on auctioneer's fees so not in his best interest if it were a success.
Click to expand...
Exactly, an auctioneer will not want to handle a sale to the LA, no money in it for them with the amount of time it can take.

And to @elcato's point above, check out the previous threads here of people's experience selling to the LA, some drag on for a very long time, some never complete.
 
Leo said:
some drag on for a very long time, some never complete.
Click to expand...

We went through the process with Dublin City Council in 2021 without any major delays. Suppose luck comes into the equation too.

Understand budget restrictions at certain times of financial year can play a part in delays.
 
Leo said:
Exactly, an auctioneer will not want to handle a sale to the LA, no money in it for them with the amount of time it can take.

And to @elcato's point above, check out the previous threads here of people's experience selling to the LA, some drag on for a very long time, some never complete.
Click to expand...
I think Auctioneer and public sale will be the way to go.
Thanks all.
 
Sue Ellen said:
It is probably something that you should investigate yourself as we found it saved on auctioneer's fees so not in his best interest if it were a success.
Click to expand...
Leo said:
Exactly, an auctioneer will not want to handle a sale to the LA, no money in it for them with the amount of time it can take.
Click to expand...

No fee as sale is handled by solicitors for Council and seller only.
 
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