Implications for HA tenant who inherits property?

*Robin*

I'm asking this on behalf of my friend and neighbour: He inherited 50% of his late father's house a couple of years ago. His sister owns the other 50% (there is no mortgage). She was their late father's carer and continued living in the house after their Dad passed on (she pays all house expenses). My friend has been an HA tenant for years.

Now the sister wants to relocate and rent out their house. My friend is worried that the HA will say that as he owns 50%, he should give up his flat and live in the house once his sister and her family have moved out - but it's too far from his work, too big for him, and his sister needs the income (half the rental income would also be very useful for my friend - he's not well off).

My friend spoke to CAB on the 'phone but they weren't very helpful, so I was wondering if any of the kind and knowledgeable MSEers on here know what my friend's legal position would be, please?

Thanks for any tips and suggestions I could pass on to him.

McKneff

As long as he isnt claiming any means tested benefits I cant see the HA intervening, its not really any of their business how much money he has coming in.

BitterAndTwisted

Why on earth does this sister think that becoming a professional landlord is a good thing? The most sensible option would be to sell the property and share the proceeds.

McKneff

And really over the time that the sister has lived there she really should have been paying your friend half the going rent.

Renting if fraught with difficulties.

*Robin*

McKneff wrote: »

And really over the time that the sister has lived there she really should have been paying your friend half the going rent.

Renting if fraught with difficulties.

The sister has carried out much needed maintenance and improvements to the house - what she's paid out is far more than my friend would have been justified in asking from her as 'rent' - that isn't an issue; he realises that his sister has effectively put thousands of pounds in his pocket already, as she has improved *their* asset. He hasn't paid a penny towards any of the repairs and up-dating (the sister is also happy with the arrangement - so far).

They do not want to sell - the house is in a great area and has good potential for renting. It is close enough for my friend to be available to deal with any issues that might arise for the tenants, even though he would be a novice landlord. His main worry is that he would lose his HA flat because he part-owns a house that he could, in theory, live in (except that, as I said before, it's too far from his work, and too big for a single man - and he can't afford to pay his sister half the rental value).

What he needs to know is whether he will lose his HA flat?

BitterAndTwisted

Your friend needs to read his tenancy agreement very,very closely. I'm sure the HA would be able to answer this question in five seconds if he asked them.

*Robin*

BitterAndTwisted wrote: »

Your friend needs to read his tenancy agreement very,very closely. I'm sure the HA would be able to answer this question in five seconds if he asked them.

Yes, my own suggestion was that he needs to find his tenancy agreement - obviously he doesn't want to flag up something with the HA that could lose him his tenancy, so he's reluctant to ask the HA before he's made his decision.

Quite by chance, I met the sister last night. She's not as happy with my mate as he led me to believe; he's been using a large barn at the back of their property for storage, and now it needs attention - she thinks he should pay to have a 'proper' job done whereas he's been bodging leaks himself, which now means the repairs needed will be much more expensive.

Thank you all for your comments. Having spoken to the sister, I must say I'm leaning towards agreeing with B&T.
The sister did say she would have been happy to buy out her brother after their Dad passed on, but he refused. And now her partner has a new job on the other side of the country, their funds are needed to buy themselves a new home near his work.
Her reason for renting rather than selling the family home, is that her partner's position is for three years, after which he will revert to 'head office' and they want to return to the house because it's close to a great secondary school for their son.