Government is looking at changing the legislation regarding AH clawback.

will the council do this if you request it, or does it take them months to come out , also do they charge you for a revaluation, what hsappens if you dont agree with their valuation. when we bought first the valuation spin put on units was the same for everyone even though there are major differences in apartment size location etc. which has a major bearing on valuation.
 
Nesta said:
will the council do this if you request it, or does it take them months to come out , also do they charge you for a revaluation, what hsappens if you dont agree with their valuation.
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I had it done a couple months ago, I just told the council I was interested in remortgaging. It took a couple weeks for them to send someone out and they didn't charge me anything.

As far as I know, you're stuck with their valuation although if it's really absurd you could complain to the Ombudsman and see what happens.
 
i was onto one of our td's and he said to write a question for him to ask at the next meeting

anyone else onto a td about getting this passed???
 
TDs keep putting in PQs and keep getting the same responses... it'll be included in the "next appropriate piece of legislation".
 
Society said:
Anyone any news on this?
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Yes, the government collapsed. There will be no new legislation for the next five weeks at least, and what legislation is introduced afterwards depends on what government is elected.
 
Just a quick update. Seemingly this was NEVER ever going into the legislation. I know I know dont shoot the messanger. Had a meeting with the EX minister environ John Gormley. It was him who was ment to be doing it. Any he has said there is NO WAY that this is being added in or the legislation being CHANGED.
He said after speacking with "advisers" that it wasnt possible. And the only thing that "MAY" be looked at is ( if your selling your property to move to a bigger/nearer affordable house, then the clawback wont kick in!!!!!!!!!!!!!!!!!!!!!!)
 
Thanks for the update tina. I dont understand this at all. I got correspondence on behalf of John Gormley before and it said that it was scheduled to go through legislation. Also if they have already changed the clawback provision for affordable housing/shared ownership owners from now going forward then what is the problem with amending the legislation to include previous owners for this? Even when i contacted the dept of housing a couple of months back they said it was due to be amended in the next feasible piece of legislation..its getting silly now..
 
Bear in mind that neither John Gormley nor the "current" housing minister Michael Finneran are going to be anywhere near the next government. So it's still possible the next minister could take a different view.

Although, I wonder, is there still anyone whose property is subject to a clawback? Values have dropped so precipitously I find it hard to believe anyone's is still worth more than they paid for it.
 
Fingers crossed whoever gets voted in then will look at amending this. I enquired about buying my apt out recently and if i was to go to get a mortgage outside the council & buy them out then i would be subject to a 50% clawback! So i'll definitely be waiting for them to amend the existing rule..
 

You can buy them out all you like, your still married to the council with that god foresaken clawback. I have sent some more correspondences to solicitors to see if it can be challanged as a simple member of the public...

Only way to get rid of clawback is to sell sell sell, no other way. Still dont see this in the contract I signed though.
 
Ah dont talk to me!!! God sure gormley only lives around the corner and i dont know how he hasnt been run out of town!!!!!
Sure we have emails and letters and yet hes saying it was never on the cards wtf.
Anyway he claimed that there was no way it can be changed, bull****.
There is no way on earth i cud "buy out" the clawback at 62%.
Zen, one thing he did say was to get independent advice so lets know how you get on.
Hopefully with new blood in the gov, someone will do something!!!
Oh and great idea from someone who pm'd me, they had an idea of setting up a facebook page ) re the clawback. Dont have the time or energy to pursue this. But maybe someone will
 
I think all affordable house owners should be entitled to remortgage and buy out the clawback (in today's market the value of the clawback is probably nil)
We are being dened basic property rights. Also, I don't see it anywhere in my legal documents that the clawback is triggered on a remortgage (it just mentions a sale)
 

Explicitly or Implicitly not mentioned, I think there is grounds to do it, now all we need is someone to set a precedent.
 
Tina Facebook is a good idea except I deleted mine. Huge invations of privacy.

However, I do think it will just be another form of letting of steam about the scheme rather than actually challenging it. You will just get a lot of people posting whining. As I heard in the simpsons when they wanted to overthrow mayor quimby, they all chanted "somebody else" "somebody else" and some random guy stands up and says "I'm somebody else" and they all said "he's right"!
Affordable Housing clients need to get organisied, does anyone have any figures of how many of us there are in the country...?
I think in order for change we need someone with the right intellect (to decipher the legal jargon) and a people support with liathroidis.
 
Society said:
I don't see it anywhere in my legal documents that the clawback is triggered on a remortgage (it just mentions a sale)
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It's to do with the way the legislation was drafted. So it's a statutory requirement not a contractual issue.
 
Hi all..i see the new minister for housing is willie penrose..do you think there's any point in trying to contact him about this issue or are we just wasting our time? Thanks
 
i went to the bank years ago

all going through until the last hurdle where dcc wanted their clawback first if we decided to sell and boi wanted their mortgage

also we are prob valued at around €220 and borrowed €114 so we still owe €90k and def have a clawback then
 
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