Right to Buy council house - elderly tenant in hospital and carer/son lives with her

3Dogs

Hi everyone and I hope that my query is on the right board but it concerns the Right to Buy. I am venturing far from my normal forums on DFW to ask this question on behalf of my brother

The situation is that, since my father died over 5 years ago, my brother, aged 63, has lived with my mother, aged 91, as her 24 hour carer. My mother, who is 91 years old, was admitted to hospital on 19th October after bringing up blood in vomit and passing out. After 3 weeks in hospital she was transferred to an 'end-of-life unit at a local care home, though this is still classed as hospital as her care there by the Primary Care Trust, not the Local Authority

My mother is the tenant, my brother is not named as a tenant. When my father died, the council transferred the tenancy to my mother, but stated at that time that they could not confirm that my brother, even as her carer, could have the tenancy transferred to him on her death, even though he gave up his home (a rented flat elsewhere) to look after her

My sister and I encouraged my brother to apply to buy the house, in our mother's name, to ensure his right to a home, but he delayed and delayed as he had never owned property before and the thought of the cost of repairs, etc worried him. But now all this has come to a head, as, if mother now died, he would be made homeless

My question is this, would he be able to buy the house under the Right to Buy legislation, when mother is in hospital? He does not have Power of Attorney as this has not been needed up till now, though he does act on her behalf in matters of Pension, Attendance allowance, etc with DWP

Any advice would be most welcome - thank you

Hammyman

Not a chance in hell basically because unless he has the amount in cash not only to pay the fees but to pay for the house outright he has no hope as at 63 nobody will give him a mortgage.

And the tenancy won't be transferred to him as there is only 99% of the time one transfer between family members and that happened when it went to his mother.

seven-day-weekend

Only the tenant has the right to buy and he is not the tenant.

His mother would have to sign everything in her name, even if he provided the money.

Then it would be her house not his.

Will the Council re-home him when she dies, seeing as he is 63?

Morglin

Because of his age, the council should at least offer him sheltered accomodation when your mum dies.

Shelter may have advice:

http://england.shelter.org.uk/

Or, Age Concern:

http://www.ageuk.org.uk/

Lin

3Dogs

Many thanks for your replies everyone - most helpful - and thanks for the links to Shelter & Age Concern

Perhaps I should it clearer though, my brother would fund the purchase together with the small amount of savings my mother has, so it would be a cash purchase, no mortgage required. The purchase would be in mother's name, with my brother as co-owner on the deeds

My main point of concern is that mother is in hospital and won't be coming home, so would the council still allow her to purchase the property

p00hsticks

3Dogs wrote: »

The purchase would be in mother's name, with my brother as co-owner on the deeds

I'm not sure this is permissible - the council will only sell it to the tenant (your mother) and they may well impose restrictions on the sale which would prevent your mother from selling / gifting it on to anyone else within a certain timeframe without paying at least part of the 'right to buy' subsidy back to the council - although I'm not sure of what rules would apply in the unfortunate case where the tenant / owner dies shortly after the purchase.

t0rt0ise

You need to get proper advice. On the face of it it would seem that being in hospital is neither here nor there as she's still the tenant. If your mother's health is poor, then you would need to be very quick. I read about a case where the buyer died before completion and the judge ruled that as the buyer was no longer the tenant, the sale could not go through.

Barneysmom

I'd say give it a go, you never knw.
My nan and uncle bought her little house shortly before she died, in her name. Not sure if his name was tied to the deeds but she left it in her will that it was to go only to him anyway.

3Dogs

Many thanks again for the advice given - much appreciated

I was made aware of that case referred to when the parent died before completion and the sale was cancelled and that does worry me in the circumstances

One more query - would be, if my brother obtained Power of Attorney over my mother's affairs, would he then be able to complete all the forms for Right to Buy on her behalf - i.e. would the fact that my brother had Power of Attorney make any difference - he would be applying to buy on her behalf, so tenant still actually buying

3Dogs

Well my brother picked up the Right to Back pack with the forms in from the housing office yesterday so we have that to look through over the weekend

Still wondering whether Power of Attorney would be best way to go, but will need to book an appointment next week with a solicitor I guess

System

3Dogs wrote: »

One more query - would be, if my brother obtained Power of Attorney over my mother's affairs, would he then be able to complete all the forms for Right to Buy on her behalf - i.e. would the fact that my brother had Power of Attorney make any difference - he would be applying to buy on her behalf, so tenant still actually buying

Buying the house does not benefit your mother and is therefore outside the remit of Power of Attorney. In fact it could be seen as disadvantaging her by causing her to have extra expenses.