Is this fraud?..or is it o.k.

summerstreetallotments

My friend (and I do mean my friend...this is not about me really)owns a house in London and has tenants in it to cover the costs, yet lives in a council house here (Devon)...she is in work...I'm wondering if she's allowed to rent a council house whilst owning a property...she says it's fine as she doesn't make a profit on the house she owns (she owns it outright)and needs it because it's convenient for her daughter's school...I slightly think she shouldn't have this...does anybody know about this

dmg24

There is nothing to stop anyone living in a council house as long as they declared the other property when they applied.

I think you may be confusing what is legal and what you consider is moral (or not)?

Jowo_2

A person owning a home can apply for social housing but are the least likely group of people to gain a tenancy as they have no housing need.

A person with a social housing tenancy who lives somewhere else will invariably breach their tenancy agreement as it is required to be their primary residence.

I imagine (but don't know this as fact) that a council tenant can buy another property as an investment (buy to let) - perhaps it's classed as a business when it is let out. But that's just a guess.

So it really depends on whether she has lied at the outset of her social housing application and concealed a house that she owned or if she bought it or inherited afterwards and the social housing landlord's can't do anything about property elsewhere that operates as an investment and isn't the tenant's primary residence. I bet there's a few social housing tenants who buy a place overseas as a holiday home.

The definate no-no is having a social housing tenancy and living somewhere else - many social housing landlords will try to regain possession of a property if they find out the tenant is no longer living in it.

summerstreetallotments

Thanks all...she inherited the house a few years ago and has kept quiet about it

Jowo_2

summerstreetallotments wrote: »

Thanks all...she inherited the house a few years ago and has kept quiet about it

But I'm not sure that there is any obligation for her to give up the social housing tenancy if she inherits a property and doesn't live in it.

She has the opportunity to move there, or to sell it and buy a place outright in Devon, but I'm not sure if there is any housing legislation that compels her to do this or causes her to lose her tenancy.

The main way she would breach her tenancy is if she abandoned the social housing property and lived elsewhere - she'd be expected to hand back the keys if she was no longer living there. But by the sounds of it, she lives solely in the Devon one and the other is an investment.

withabix

This is an example of why the ending of the right to a 'council house for life' is on the Government's agenda.

..and quite rightly so.

The OP's friend is denying a needier family access to social housing.

Wee_Willy_Harris

withabix wrote: »

This is an example of why the ending of the right to a 'council house for life' is on the Government's agenda.

..and quite rightly so.

The OP's friend is denying a needier family access to social housing.

So, by your rather curious logic....

You're homeless, so you get allocated social housing....

Because you are in social housing, you are no longer homeless....

Because you'rs no longer homeless, social housing is withdrawn....

Oldernotwiser

If she owns a London house outright and has tenants in, I'd be very surprised if she's not making a profit! However, that has nothing to do with the council property, although the tax man might well be interested.

Wee_Willy_Harris

Jowo wrote: »

A person owning a home can apply for social housing but are the least likely group of people to gain a tenancy as they have no housing need.

Housing need is not determined by your current tenure.

BodyElectric

summerstreetallotments wrote: »

My friend (and I do mean my friend...this is not about me really)owns a house in London and has tenants in it to cover the costs, yet lives in a council house here (Devon)...she is in work...I'm wondering if she's allowed to rent a council house whilst owning a property...she says it's fine as she doesn't make a profit on the house she owns (she owns it outright)and needs it because it's convenient for her daughter's school...I slightly think she shouldn't have this...does anybody know about this

Did she ask you to pry into her affairs? You sound jealous to me.

Jowo_2

Wee_Willy_Harris wrote: »

Housing need is not determined by your current tenure.

I already made clear in my earlier post that home owners can apply for social housing.

You know as well as I do that owner occupiers are likely to be categorised by the social housing landlord in their lowest category.

The fact that they own a property doesn't stop social housing applicants from getting a tenancy but unless they've got aggravating factors, like the property being repossessed in the near future or disabilities, they are least likeliest to secure it.