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Buying Father-in-law's flat under right to buy

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Eastender
Eastender Posts: 135 Forumite
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in House buying, renting & selling
Hi Folks,

He lives alone and quite elderly, he is keen for his daughter, my wife, to have the Council property, after he passes away or goes to sheltered housing. None of us live in his flat. My question is as follows.

1. Can we buy it for him, can we show our name on the Title deeds or does it have to be a will?

2. We would have to remortgage our house, as he won't get a mortgage and buy it on his behalf. We don't have a mortgage anymore on our house. When we do get a mortgage, would that be 'buy to let' type, but we won't be renting it straight away, as he would be living there. We're unable to get another mortgage based on income as we don't earn high salary to get the mortgage.
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  • Money_maker
    Money_maker Posts: 5,471 Forumite
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    This has been covered numerous times in the past. You cannot buy the house, only he can. You cannot have a mortgage on his house. This seems to be all about how you can get your hands on his property rather than if he wants the hassle of trying to fund a property which may need to be sold if he needs care when he is already looked after by the council with a fully maintained home in exchange for a low rent.
    Please do not quote spam as this enables it to 'live on' once the spam post is removed. ;)

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  • Torry_Quine
    Torry_Quine Posts: 18,833 Forumite
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    No you can't buy it for him. The only person with the right to buy is him.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • IAmWales
    IAmWales Posts: 2,024 Forumite
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    Eastender wrote: »
    Hi Folks,

    He lives alone and quite elderly, he is keen for his daughter, my wife, to have the Council property, after he passes away or goes to sheltered housing. None of us live in his flat. My question is as follows.

    1. Can we buy it for him, can we show our name on the Title deeds or does it have to be a will?

    2. We would have to remortgage our house, as he won't get a mortgage and buy it on his behalf. We don't have a mortgage anymore on our house. When we do get a mortgage, would that be 'buy to let' type, but we won't be renting it straight away, as he would be living there. We're unable to get another mortgage based on income as we don't earn high salary to get the mortgage.

    Why is he keen for his daughter to have his council flat, does she not have anywhere else to live?

    Or are you just trying to make a quick buck under the RTB scheme for a property that you've never even lived in?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Is the search facility broken on the forum?

    You could potentially remortgage your home and then either gift or loan him the money to exercise his right to buy. However, should he require care in the future the council can use the equity in his home to pay for it leaving you with a mortgage and SFA to show for it.
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
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    Oh dear. You don't come in this part of the forum often, do you OP?
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    The only person who as the right to buy is the tenant. No one else. The only way that he could buy this house is if your wife remortgages your house to get the money to give to him to buy his house and it has to be in his name.

    If he owns it and has to go into sheltered housing he will have to buy the sheltered housing. A council will not give free sheltered housing to someone who owns their house. If he owns it and needs residential care he will have to sell it to provide for his care.

    Even if there was a way for him to buy this property it would be an extremely bad idea for him. At the moment he has a home for life and repairs done by the council.
  • Amara
    Amara Posts: 2,172 Forumite
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    Why so often people say: "If you buy council house, you'll reduce council accommodation stock". As long as council house has a tenant, it's out of stock anyway and because council tenancy is for life, it may be a very long time.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    Amara wrote: »
    Why so often people say: "If you buy council house, you'll reduce council accommodation stock". As long as council house has a tenant, it's out of stock anyway and because council tenancy is for life, it may be a very long time.

    You have to think of this like stock in a shop. If you sell some of it then it is gone for ever. However if you hire something to someone you will get it back eventually. It won't be gone forever.
  • Gigervamp
    Gigervamp Posts: 6,583 Forumite
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    Amara wrote: »
    Why so often people say: "If you buy council house, you'll reduce council accommodation stock". As long as council house has a tenant, it's out of stock anyway and because council tenancy is for life, it may be a very long time.

    Well, in this case, as the tenant is elderly, it may not be long before it becomes vacant again, either due to the man dying, or going into a care home or sheltered housing.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
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    Amara wrote: »
    Why so often people say: "If you buy council house, you'll reduce council accommodation stock". As long as council house has a tenant, it's out of stock anyway and because council tenancy is for life, it may be a very long time.

    Because there's a difference between "some time" and "forever".

    If you still have problems with this concept, which I realise is very complicated, just wait 30 years. Then after that, wait forever. You'll see the difference.
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