Can I rent affordable home?I bought a new apartment under the affordable housing scheme. Due to a change in circumstances I need to move abroad for a couple of years. Can I rent out the apartment to pay my mortgage?
Almost certainly not. You don't say in which local authority area you are - and there may be slightly different rules governing the application of the scheme between authorities - but in general the affordable housing scheme is intended to provide homes for people, or in more official language, a principal private residence. For example, in the case of Dún Laoghaire Rathdown, the rules in relation to affordable housing state clearly that "applicant(s) will be required to occupy the allocated dwelling as their normal place of residence". If you rent it out, it will no longer be your principal residence, you will become a landlord and therefore not suitable for the scheme. Contact your local authority for more details; you don't have to give your name, most give details relating to rental on their websites.
I want to get out of buying
This time last year I put a deposit on a new apartment being sold from plans. In March I paid the full deposit. It was due to close in April but the date has changed several times and now has been firmed up for mid-December. The problem is I want to get out of it. If property has dropped by at least 4.7 per cent in the year and, as I am taking out a 95 per cent mortgage, then I am in negative equity immediately (I also borrowed some of the deposit.)
My solicitor has advised me that I must go through with the sale as I am contracted to do so. He says it's a watertight contract. But I know someone who got out of a similar situation three years ago - the builder just tore up the contracts and gave her back the deposit. Is my solicitor wrong?
In general (and without seeing your particular contract) once you sign the contract you must go through with the purchase or lose your substantial deposit.
So your solicitor is, almost certainly, absolutely right. In this situation, as your solicitor has undoubtedly already warned you, the builder would be within his rights to take legal action to force you to go through with the purchase.
You must realise that when your friend was in the same situation, she was also in a very different market. In that case the apartment had probably risen in price considerably since the deposit was paid so the builder was able to turn around and sell it on for a higher price.
Your builder knows that if he loses your sale, he will have a tough time trying to find a new buyer and maybe won't be able to find one at the price you, in your contract, said you were willing to pay, so expect him to play hardball.
Send your queries to Property Questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or email propertyquestions@irish-times.ie. Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.