Decision details

Decision Maker: Corporate Director (Operational Services)

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

The Council transferred land at Fairclough Avenue, Clacton-on-Sea to Colne Housing Society on 10th January 1997 for the purpose of delivering affordable housing.
Colne Housing Society have requested a variation of the land title to include a Mortgagee Exclusion Clause which is common practice today.

Decision:

That the following clause be inserted into the land title:
"The affordable housing provisions in this agreement shall not be binding on a mortgagee or chargee or any receiver (including an administrative receiver appointed by such a mortgagee or chargee or any other person appointed under any security documentation to enable such mortgagee or chargee to realise its security or any administrator (however so appointed) including a housing administrator (each a Receiver)) of the whole or any part of the affordable dwellings or any persons or bodies deriving title through such mortgagee or chargee or Receiver"

Alternative options considered:

Option 1 - Agree to Mortgage Exclusion Clause
Option 2 -
Option 3 -

Publication date: 20/12/2019

Date of decision: 20/12/2019