Enquiry to all you experts..

5limJim

is it possible for someone to move into a council property, and rent out their old home?

The reason I ask is that a friends parents need to move to a single floor property, however, being the age they are and the property market as it is at the moment, there is no way they'd be able to afford to buy anywhere else even after selling their own home (Its a former miners house and the value in the area is about 70000, all the bugalows they've been looking at are in the region of 100k+ ). therefore they've applied to the council. Council has come out, done an assessment, and awarded them nearly the maximum amount of points available, and stated that they'd hear from them soon with a suitable property.

They've offered my mate the chance to buy the house from them, however, he's unsure he'll be able to get a mortgage for it straight away due to various past mortgage issues. So his parents have offered him the chance to live there and pay rent, and they'll deduct the amount of rent he's paid iff the value of the house when it comes to mortgage time.

He was concerned that his old folks would get done for fraud or something if they accepted the offer of a council place with them being homeowners already, anyone know if this is the case? I think he's just concerned that he doesnt want anyone to get into trouble or that they'd be doing something illegal.

Thanks

Bossyboots

I really think they need to check with their local council on this one. Weren't they asked during the assessment what the status of their present housing was?

I know in my area, if you own even a part share in a private property, you will not be housed by the council. That is even if for whatever reason it is not possible for you to live in the property you part own. As far as the council are concerned, that is where you should be living and they have no responsibility to house you.

It might be different in the case outlined by the OP as the folks have need of ground floor space but I don't understand why they should be expecting council housing when they could sell their own property and buy a bunglalow or ground floor flat.

lynzpower

I work with older people and know a fair amount about housing. I would agree that there is very little chance in my area that your parents would be able to do what you are proposing.

Basically the law kind of rolls like this. If you own a property anywhere in the world, you are not homeless,therefore accomodation cannot be sourced for your parents under homeless legislations. If they give up thier home in order to get council housing then they must take specialist legal advice under whether they may be found INTENTIONALLY HOMELESS. tread very carefully, I cannot stress this enough here.

HOWEVER, there is a bit of the homelessness act ( I think, could be the Housing Act 89) that means if you are living somewhere that its "unreasonable" to occupy due to health needs or otherwise you CAN be homeless at home, and you can be found as needing accomodation provided by the LA.

However, as I dont know the layout of the property I wouldnt be able to comment. One example might be they live in a lighthouse ( i know silly example) where stairs are everywhere and they would be unable to use any of the property due to mobility issues or that the property is unable for them to be adapted in any way to allow them to stay there. In a miners cottage, Im not too sure why this property couldnt be adapted to thier needs unless its listed. Was it a social services employee that came out or I presume from the Housing dept?

Social services law enables the state to keep people in thier homes for as long as possible. this can be things like adding rails or stairlifts, getting grants to lower worksurfaces, or moving door frames if your parents are wheelchair users etc. It can involve putting in a walk in shower, if they are struggling to use the bath and so forth. If none of these have been looked into I suggest you call your social services dept asap, and get them out to assess, if they are committed to staying there.

Could they not sell up and rent in sheltered accom? ( most are ground floor)
Also on right move there are a lot of park homes that if they dont need a mortgage, could suit them down to the ground. ( pardon the pun) there are also shared ownership oppoirtunities Ive seen on rightmove for retirement flats, I dont know how this works with incomes etc, but might be worthy looking into.

You are right to be cautious, I would take ome specialist legal advice from a housing solicitor or from Shelter.

all the best
Lynz

5limJim

Thanks Bossyboots, and lynzpower, the whole thing does seem a little confusing, and my initial instincts were the same as you mentioned that it would seem wrong to be able to own a property and then get housed by the council. I must admit the property isnt able to be adapted to allow residence on the one level because of the layout, however other options should be available, stairlifts etc... It was someone from the Housing Department at the local council came out, and not social services. This is not meant to sound like a slight against everyone who works in council housing departments, but the local authority they are in and the council district are not the most efficient. I think I'll diplomatically raise my concerns

Thanks again!

(Double thanks if I could, just get my 2nd star on MSE!! How many til my next one!!)