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Can daughter buy our council house then rent it to me?

13

Comments

  • t0rt0ise,
    no I have not acquired tenancy by succession

    theartfulldodger
    Social service lady sorted out the benefits I am getting went I became ill
    HA wont allow daughter to be added to tenancy

    Sleepless saver
    HA have already told me that I can exercise my right to buy jointly with other family members who have lived with me for the past 12 months
  • Running_Horse
    Running_Horse Posts: 11,809 Forumite
    Part of the Furniture Combo Breaker
    Who will replace the boiler when it packs up? Or fix the roof?
    Been away for a while.
  • Eton_Rifle
    Eton_Rifle Posts: 372 Forumite
    You said she needs a rental income to help pay the mortgage.
    So if something does happen to you, what will she do then? Will she rent out the 'granny flat' to a stranger?

    I'm just thinking that even if she can and does buy the house, it sounds like it could be too much for her and a nice idea to buy the home she loves could end up dragging her into financial woe.
  • Eton Rifle
    Sorry I was misleading in my original post as when I said she needs a rental income I should of said I would assume she needs a rental income as she has already said if she doesn’t buy this she is buying the house conversion over the road from us that was her first intention when she was looking at getting on the property ladder and because she told me that she would rent off the flats for an income that would help pay the mortgage I assumed that is what she would need here but I am told that this house is not as expensive as the house over the road. (Sorry I get confused)

    If any thing does happen to me her and her sister would live here and maybe one of them would move into the granny flat. But if she did want to rent it out after I’m gone
    That would be up to her.

    *Oh just thought of another worry if she bought the house jointly with me would the discount have to be paid back if I was to die within a couple of years?
  • Madjock
    Madjock Posts: 744 Forumite
    There must be a reason for the HA not adding your daughter to the tenancy. Was the tenancy a joint tenancy originally (back when it was owned by the council) with your husband? If this is the case, you have used your succession rights when your husband has ceased to be on the tenancy.
  • Yorkie1
    Yorkie1 Posts: 12,072 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Madjock wrote: »
    There must be a reason for the HA not adding your daughter to the tenancy. Was the tenancy a joint tenancy originally (back when it was owned by the council) with your husband? If this is the case, you have used your succession rights when your husband has ceased to be on the tenancy.

    OP has already said that there has been no succession and that she thinks the reason for a refusal was because the property had been adapted.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    op, double check with the housing about your right to buy because ive read a few times on here that you cant by adapted houses.
    Be Alert..........Britain needs lerts.
  • squinty
    squinty Posts: 573 Forumite
    Madjock wrote: »
    There must be a reason for the HA not adding your daughter to the tenancy. Was the tenancy a joint tenancy originally (back when it was owned by the council) with your husband? If this is the case, you have used your succession rights when your husband has ceased to be on the tenancy.

    In England and Wales a secure tenancy cannot be assigned, apart from a few prescribed circumstances that do not apply in this case. (1985 Housing Act, s 91). The HA cannot add people to a tenancy agreement.
  • t0rt0ise
    t0rt0ise Posts: 4,482 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    squinty wrote: »
    In England and Wales a secure tenancy cannot be assigned, apart from a few prescribed circumstances that do not apply in this case. (1985 Housing Act, s 91). The HA cannot add people to a tenancy agreement.
    This is not true. You can usually assign the tenancy to someone who is elegible to succeed the tenancy.

    In this case they have refused presumably because of the adaptations made which also leads to the conclusion that after succession the tenant would be asked to move to another house which is probably why the OP wants to buy it.
  • Mrs_Arcanum
    Mrs_Arcanum Posts: 23,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My worry would be if you are classed as an owner because you have exercised the right to buy (even if your daughter pays the mortgage) there might be issues should you have to go into care with all the financial implications regarding deliberate gifting. The £26,000 discount is yours, not your daughters so will remain your share in the value of the house.
    Truth always poses doubts & questions. Only lies are 100% believable, because they don't need to justify reality. - Carlos Ruiz Zafon, The Labyrinth of the Spirits
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