A question on ex council RTB home and deeds transference.

McKneff

zed1015 wrote: »

I will leave it to him in the will but if the house was not an RTB purchase i could have given it to him now with no problems.

It is the RTB 5 year clause that is the problem.
If i SOLD the house within 5 years i would have to pay a sliding scale percentage of the discount i received back to the council which is accepted, but i also have to give the council first refusal if selling within ten years of purchase
But i DO NOT want to sell, Just add his name to the deeds as you would if it were a joint purchase originally (as it would have been if i had been married)
This would ensure that he has 100% right to the property and the authority won't have any claim on it.


Initial talks today with the council has opened up a can of worms as their crooked interpretation of the RTB rules indicates that they would have first claim to the property in the form of a compulsory purchase with my initial outlay being paid back to my estate.

This is what i want to avoid, surely i have the right to pass on my own house to my own family.

Its not 'crooked' as you put it. You signed on the dotted line agreeing to all these terms and conditions. Its not an interpretation, it is in black and white.

You are trying to avoid financial obligations.

I find it ironic that you have used the word 'crooked'

BitterAndTwisted

Perhaps even if there is some compulsory buy-back clause there might be enough funds left for your son to exercise his own RTB?

DominicJ_2

Basically, no, you cant. If you die within the sliding scale or buy back period, they will hit you with a charge or buy it back
Thats what you agreed.

If I die, I cant give my house to my mate and tell the mortgage company to come collect from hell.

I think you are worrying about nothing though, your son is going to inherit your 60% that you paid for cash, and another 10% discount?
So he needs a 30% mortgage to keep the house. Unless he's renting a bedsit and you RTB'ed a palace, he'll be able to afford it no problems.

00ec25

DominicJ wrote: »

Basically, no, you cant.

WRONG

use google and find the correct answer... taken from .Gov website on RTB and selling your home

"You may not have to pay back the discount if you transfer ownership of your home to a member of your family. You will need to agree this first with your landlord and then get a solicitor to do this for you."
https://www.gov.uk/right-to-buy-buying-your-council-home/selling-your-home

note the use of weasel word may and also the failure to put ex- in front of landlord but apart from that the above would appear to be the factual answer to the OP's question

#also it is very true that for the first 10 years after purchase the ex- landlord still has right of first refusal. OP the fact remains you were handed a discount by the taxpayer so you sounding off that you have the right to pass the property to your family is true but remember that includes a discount which your proposal means goes into the pocket of your son who had no right to buy in the first place as he has never "lived" there, however, your plan appears to be within the rules.

DTDfanBoy

zed1015 wrote: »

There is nothing dodgy about this. i just want to give my son MY house so he has some security. SIMPLE .

My son and his family do need it, by giving him MY house the house he currently rents ( barely affords ) will become available to others.

And as for my own care. i have enough funds for the next 6 to 8 months before i'm gone... OK.

It is not currently YOUR house, the council has quite rightly placed a charge on the property to secure their financial interest in it.

Luckily for your son the only way the charge can be removed is by paying back the council what it is owed, waiting for five years, or when the title is transferred by assent, which it will be when your son inherits.

Essentially you have nothing to worry about, providing you have the funds to pay for your care as you claim

If you don't have those funds and are trying to transfer simply avoid paying care fees, you will quite rightly have to honour your agreement with the council by paying back a percentage of your discount, and you will also be investigated for deprivation of assets.

This could all have been avoided if you had chosen to avoid this obviously problematic buy back scheme and purchased a property outright on the open market :cool:

witchy1066

OP I am so sorry to hear about your position,
as a council arbitrator I have come across this before and although it may seem harsh the council are only following the law under the RTB scheme,
under the scheme you had the right to buy your home at a reduced rate, it is because of these generous reductions you are not allowed to sell within a specified timescale without facing penalties ,
this ruling is to make sure the system is fair to all, tax payers, and other council tenants, and those in need of social housing,

would you considerate it right if people were allowed to buy social housing at a reduced rate and then sell it on at the market value after only a couple of years, the whole idea of RTB was to give people a chance to own their own homes and the security of knowing they had a home for life, not for those to make a profit and abuse the principle of RTB

I am sure this was not your intention ,

what I would advise is that you continue to live your life in your home , leave the house to your son in your will, he can then live in the house for the rest of his life if he so wishes,
your life is to short for you to be worrying about all this ,enjoy what you have, the rest will take care of itself when the time comes

sorry its not what you wanted to be told but hope I have been of some help

twig1_2

Don't know where you live but in West Lancs you can leave it to a family member without them having to pay back any of the discount but you shouldn't sell it to them.
http://www.westlancs.gov.uk/housing/i_am_a_tenant/housing_schemes_and_incentives/right_to_buy/right_to_buy_faqs.aspx

Mojisola

zed1015 wrote: »

My idea was to simply give him the house and then use what little time i have left to go see and do a few things i never got round to when i was younger.

As long as the house is your permanent address, why couldn't your son move in while you go off doing your stuff?

witchy1066

zed1015 wrote: »

Not a chance .
I have been in this house for 35 years and in full time work throughout .
I paid £15k cash.
Son house would be at least triple that even if he had max discount, which is years away.
He's working but can barely afford the rent never mind a mortgage.
He earns just enough to live on and not qualify for any help.
Just wanted to make life a bit easier for him and grand kids.

Winds me up when people think there's has to be some sort of scam going on which is really more of a true reflection of their own principles.

Not that it's anyone else's business but my condition is untreatable with no cure.
It has no outward effect yet and one day soon i will just switch off/pass out or just not wake up .... GONE.

My idea was to simply give him the house and then use what little time i have left to go see and do a few things i never got round to when i was younger.

How wrong am i ?

you seem to be missing the point,
you got the house very cheap under the HTB scheme, and hopefully read the clauses that applied , you agreed to them because you knew it was a good deal, where in this land can you buy a shed for 15k let alone a house

putting all that to one side its gone, its in the past,
now to the future......

you CAN leave your house to your son ,

your son and his family CAN move into the house with you and you CAN still do all the things you want to do,

IF your son has any penalties to pay after your death the council will work out a payment plan ,

house WILL be your sons house even IF he has to pay a small amount to the council

sorry OP I will have to reread posts but did you say how long it is since you bought the property, and when you did did you know of your terminal illness,
don't want you to give any personal details but if you went to arbitration these questions are relevant

HTH if I can be of any assistance just ask

zzzLazyDaisy

zed1015 wrote: »

Is there some such rule that allows you to ADD a JOINT owner after they have resided in the property for a certain length of time ?

Your problem is that what you are proposing is to transfer an interest in the property. In very simple terms, that counts as a sale. If you have a mortgage that becomes even more complicated as you would have to pay off the mortgage, and get a joint mortgage with your son, depending on your/his financial situation that may or may not be possible.