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PostPosted: Sun Apr 07, 2019 10:42 am 
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Hi All,

My DD received an offer from a school on the allocation day. We accepted the offer.

We have subsequently received correspondence from the school asking us about our intention to remain in the area - we are currently renting a property on a 2 year fixed term contract with no break clause. In particular they have demanded that we take out a buy to let mortgage on another property that we own as they believe this will stop us from moving back to the property - this property is also leased out on a 2 year fixed term contract with no break clause.

We believe this contravenes the School Code 2014 and that the demand is unlawful.

Please can someone point us in the direction as to where we can escalate our complaint? The school is an academy and their own admissions authority.


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PostPosted: Sun Apr 07, 2019 11:20 am 
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which school is this?


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PostPosted: Sun Apr 07, 2019 11:22 am 
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I'd rather not say at this stage. I can say that it is in Hertfordshire and we have complied with the school's admission criteria with the 2 year contract with no break clause. There is no mention of buy to let mortgages in their criteria or the requirement not to own other properties.


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PostPosted: Sun Apr 07, 2019 11:32 am 
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Just looking at St Clement Dane's (for example)

Quote:
Where a family is renting a property with a Tenancy Agreement, the agreement must be for
at least 2 years with no break clause and the applicant must show they have relinquished all
ties to the previous address, or that the move is not easily reversible. If the applicant does
not meet the above requirements, then the parental address will remain that at which the
parent was resident before the period of temporary residence began.
Where a family has moved within the 12 month period prior to the closing date for
admissions and has a previous property which has not been sold, that property should be
leased, through an agency, for a minimum period of 2 years with no break clause.


Well that seems to match what you have done, maybe they are just not happy with the evidence - sounds like you need to chat to them about it further. Will you be moving back after the 2 years?


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PostPosted: Sun Apr 07, 2019 11:41 am 
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We have no plans to move back - we had been looking at properties to purchase near the school pre allocation date and exploring financial options with our financial advisor (all evidenced). However, we are bound by our contract on our rental home. Our intention is to sell the other property at the end of the current 2 year contract. It was kept purely as an investment decision.

Can a school really dictate what type of mortgage an applicant has? They seems to believe that having a buy to let mortgage prohibits a family from moving back, however, if they wish to they can simply reconvert back to a residential mortgage. What is there was no mortgage on the house? Would the applicant be forced to take out a buy to let mortgage and for what purpose?

Also, these question are all post offer and no fraudulent information was given at application stage.


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PostPosted: Sun Apr 07, 2019 11:52 am 
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Quote:
the applicant must show they have relinquished all ties to the previous address, or that the move is not easily reversible... Where a family has moved within the 12 month period prior to the closing date for admissions and has a previous property which has not been sold, that property should be leased, through an agency, for a minimum period of 2 years with no break clause.


It sounds as though they are questioning whether your move back to your other home is easily reversible - if you are on a two-year tenancy and a property you own is also on a two-year tenancy (particularly if they have the same end date), then I can see how it would look quite easy to reverse your move and go back to the house you own.

Could you extend the rental period on the house you own so that you can prove you can't easily return to it?


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PostPosted: Sun Apr 07, 2019 11:58 am 
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We would have to ask the tenant, however, that would then prohibit us from selling the house at the end of the initial 2 year period and therefore not allow us to buy our own residential home. And for how long? The whole 7 years we plan for our DD to attend the school?

What exactly would prove that the move was not easily reversible? If the house was not owned but it doesn't say that in the criteria.


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PostPosted: Sun Apr 07, 2019 2:15 pm 
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Why not put the house up for sale now? That would prove you have no interest in that house and allow you to buy a house local to the school sooner.

I can absolutely see how the school would have alarm bells ringing, as a complete outsider viewing the situation you have described. Whether intended or not, it does mimic some of the address fraud applications schools have had to deal with in the past.


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PostPosted: Sun Apr 07, 2019 2:28 pm 
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We can’t put the house up for a sale as we have a tenant in it with a 2 year fixed term contract and no break clause.

There has been no fraudulent information provided.


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PostPosted: Sun Apr 07, 2019 2:32 pm 
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Joined: Fri Sep 15, 2006 9:51 am
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Presume you have lenders permission to let the house out? can't see how this differs from a buy to let mortgage

sounds like you need to speak to them and explain / discuss what can be done - can see why they are concerned that you are planning to move back.


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