Loss of Council House on Death of Parents

WiseOldBird_2

I don't know if anyone could help with advice for my friend who is faced with a terrible situation. She has lived in the same council house since she was 6 months old with her parents, who have the tenancy agreement in their names. Four weeks ago her mother (whom she has nursed for years), died at the age of 92. Her father is also severely disabled, in his 90's and she cares for him too. The day after her mother's death she was visited by a council representative who told her that she wasn't able to take over the tenancy, and that when her father dies (he can't have many years left unfortunately), that she would have to leave her home as she wasn't the 'tenant'. They made it clear that they are under no obligation to find alternative accommodation for her, but under the circumstances they would.

Her parents have paid rent on this home for over 60 years, have never been in a position to afford to buy it and it seems very hard for her, at her age, to lose what she regards as her home too. She has offered to continue to pay the full rent, but they won't consider it.

Is it a lost cause? Or can she do anything to save her home? It's worth about £120k and if she could raise the money she could buy it in her dad's name and he would get a 50% discount on the sale, but she just hasn't got the money to buy it.

Any ideas? Thanks.

eggandbacon

She'll carry on paying the rent but can't afford a £60k mortgage with payments circa £250 a month? Or with parents of 90, can I assume she isn't working and we'd continue to pay.

SailorSam

If she does find that she's going to have to find somewhere else to live i imagine she'll have to pay a lot more than £250 a month in rent, so i'd urge her to shop around to see if there's any chance on borrowing the money to buy, it will be cheaper than renting in a few years time.

http://www.nationwide.co.uk/mortgages/calculators/mortgagerepayments.htm

Amanda65

What area is she in? Some LA's have a right to succession, which can be used once on a property, but many have stopped the scheme. She should check on her LA website to see what their policy is

WiseOldBird_2

Thanks for replies. On the surface it does seem best to 'buy' the house. But (forgive my ignorance), as her dad is the tenant, then he'd technically have to apply for the mortgage? Who would lend a 90 year old with no income £60k?

Would a mortage company loan my friend the money in the circumstances? As you say, she'd would be better off paying a small mortage than paying rent. But would mortgage companies be as accommodating?

Pitlanepiglet

I'm guessing she's of an age where a mortgage might be a problem anyway?

I haven't dealt with these agreements for a long time but it used to be that it was possible to transfer the tenancy once on the death of the original tenant. So they would allow a transfer from husband to wife (if the original tenancy was in husband's name only) BUT that would not allow a transfer to their child.

In this case (unless there is more than has been said?) it sounds like there hasn't been a transfer already so the one transfer to the child may well be OK.

I would suggest that your friend asks again and makes the point that this is a very old tenancy agreement not a new one. Does she have a copy of the tenancy agreement?

frugalmacdugal

Hi,

maybe the reason she'll not be allowed to keep on the tenancy when her father dies is because as a sole tenant the house will be too big for her.

I agree with trying to buy it.

WiseOldBird_2

Amanda - her local authority policy is no right of succession unfortunately. Thanks.

Pitlanepiglet

WiseOldBird wrote: »

Amanda - her local authority policy is no right of succession unfortunately. Thanks.

It may not on modern agreements but that would have been unusual 60 years ago - the standard agreement included succession. Usually the terms are not changed and original agreements stay as they are.

pmlindyloo

This is all about succession rights.

Having done some reading on this there is some confusion about where there has been a 'succession' when there has been a joint tenancy and one of those tenants then took over the tenancy agreement as a sole tenant. Is this a succession or a transfer?

Since a succession can only happen once then this is important.

To be honest I believe that your friend needs some specialist advice on this. They could go to CAB and see a housing specialist or be referred to a solicitor specialising in housing law.

Also, you could also paste and copy your question onto the housing buying and renting forum where there are several very knowledgeable people - look out for G_M.

Having said all this your friend may need to consider the impact of living in a house that would be too large for her and the associated costs. You don't mention if your friend is working or receiving benefits for caring. If your friend is reliant on benefits then this needs to be looked at in light of the recent changes to housing benefit.

BitterAndTwisted

"They made it clear that they are under no obligation to find alternative accommodation for her, but under the circumstances they would"

That seems very fair. I understand that it's a childhood home but as single person she cannot expect to be able to keep hold of a property that's larger than she will need. The landlord could put a family on the waiting-list in there. Family-sized properties are like gold-dust.

She needs to investigate the LA's policy on succession and examine it with a microscope bearing in mind how she might be able to afford the rent on such a property. If she's been a full-time carer for some time she may not be able to afford the difference between the LHA-rate and the full rent if she's not in a decently-paid position when the time comes.