URGENT HELP NEEDED - RENTING FROM HOUSING ASSOCIATION BUT MUM HAS BEEN IN A HOME help

banks4u

I was wondering if anyone can help. My mum got a housing association flat 6 years ago but a year ago was placed in a home to try and get better she has a mental condition she has been in and out of hospital for nearly 4 years now. Basically now i have informed the coucil that she is there now. Now the council need to know everything.
I am worried that the council will chuck me out of my house as its a two bedroom or charge me for a 2 bedroom property which I can not afford. nearly 2 years ago i bought rental property in my name but that is rented out now. I wouldn't be able to afford living there anyway. I really need help about my situation. can the council chuck me out? My mum comes home every week and she will just become worse if she knows I have to move from the flat. Can anyone help me with even letters i should write back.

silvercar

Are you on the tenancy? If not then is it possible to go on the tenancy? Often tenancies can be changed if a relative has been living there for a certain length of time.

If your Mum comes home, presumeably she would be allowed to keep the tenancy on???

banks4u

I am sure I am but will double check that. even if if i am can they still get rid of me? because technically i am only using 1 bedroom to sleep in. When my mum comes home at weekends she organises her room. But she does not sleep there.

McKneff

i dont know whether i am reading this right
are you saying that you live in your mums flat but you bought another property and that its let out to other tenants.

Your mum comes home and organises her room but doesnt sleep there, so does she live in the flat or just visit it during the day?

banks4u

Yep that is correct. my mum got a flat after she got divorced 6 years ago and we have both been living there since then. but now she is in a home and i live there and she still gets housing benefit on the rent but I pay for my part of the rent which is £45 a week.

banks4u

she is in a home just to try and get better. As she has a severe mental condition and can not come home due to risk upon herself.

hm71_2

is this a wind-up HB is dependant on who is living in the property etc.. so if mum isn't there her entitlement isn't there.if she is in a home- the council will want to establish if this is a permanant thing- you are also renting out a 2nd property & i'm sure there is something on the hb forms regarding if you own properties elsewhere.

banks4u

Well housing benefit forms haven't been completed since my mum did it when she first moved in. I always have paid rent for my part but she always had Housing benefit. With regards to this second home the issue with this is that my aunt asked me to buy it under my name but really they put all the money in and all the deposit. So legally it is mine but I never really put a penny into the deposit or have never paid the mortgage its always been in aunts interest.

banks4u

As far as I know she is not permanant at this home/hospital unless the doctors know something that I don't. If she is not permanant would that make a difference?

silvercar

Oh, what a tangled web....

Why couldn't your aunt put it in her name? Let me guess, she thought she would let the taxman think it was your residential home and then be exempt from CGT on sale. Time to talk to your aunt me thinks.

blue_monkey_2

I guess this is going to get complicated. Who is paying for your mum in the care home? Am I right she is in a care home that is residential, or is she in hospital?

Usually you yourself would not get HB if you have interest in another property as they would expect you to sell that property. Does the rent you get cover the costs? Why can you not put that house on the market?

Do you earn any money yourself?

If you are on the tenancy and as you have been over there a year your tenancy will be secure so you cannot be thrown out. You could win the lottery and stay in a council home, it is the nature of them, but if you have a property elsewhere then you will not get HB or CTB, my mother did not when we was renting her house from her and she lived with her boyfriend in his HA property.

It might be worth popping over to the Silver Surfers or Benefits board and ask the same thing as they will have more knowledge of the care home side. If you are not on the tenancy it would be worthwhile getting your mother to do this now so that your tenancy is secure should anything happen.

Can I ask where she is now, you say hospital and also in a care home. If she is in hospital then they cannot take the property off her otherwise if she was to come home she would have nowhere to go.

Likewise if her care becomes permanant and the house is too big for you (if you are entitled to HB you will get it for a one bed, not a 2) you could ask the council to consider you for a transfer or look on the transfer register, some councils/HA pay you for moving somewhere smaller so that would help with moving costs.