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Council Tenants - Inherited Property - Right To Buy

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Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Just to resurrect this, here is what I am told:

    If the family living in the council home inherit a private property then they aren't entitled to social housing. So I have no idea now what this means for their RTB application.

    The home was left to one person (uncle) and he hasn't bothered living in it. He has remained in the council property and he has not been making money of the inherited property.

    What does that mean for my aunt and kids? If he (uncle) has inherited the property, can my aunt buy the council home? Can they both buy it? Do they both have to leave? Can one of them leave?

    Some clarity would be great please.

    Are you sure about this?

    I though once in you get to stay as long as you use it as you main home and pay the rent.

    The entitlement to get a new place will go if you have assets but not the one you currently live in.
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    edited 11 December 2013 at 12:59PM
    To the OP - can you confirm that you are not the same person, posting under a different user name on these other threads as you appear to have forgot to login using the same name on the second thread when answering a query?

    https://forums.moneysavingexpert.com/discussion/4844031
    https://forums.moneysavingexpert.com/discussion/comment/63987698#Comment_63987698

    If this couple are claiming housing benefit, income support and council tax benefit on their council property while owning another property elsewhere, then this is benefit fraud.

    The large inheritance of 150k worth of gold jewelry made around this time is probably not an issue at all, given that it is probably likely to be classed by the benefit authorities as personal belongings rather than capital.

    Is it your hope that the capital in the second home is not discovered by the benefit authorities during the RTB process? The council will indeed be suspicious, and have prosecuted other benefit claimants for fraud, when they offer a lump sum to buy their council property when they have submitted benefit claim forms saying they have no capital.

    Are you planning to conceal their second property ownership by transferring the deeds into your name as you currently live there and for you to arrange a guarantor mortgage so that you are appearing to buy the council property for them? If so, that's actually quite a smart move in terms of not exposing the capital they have by selling their second home and making it appear that the income for the council RTB comes from another source.
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    edited 11 December 2013 at 1:36PM
    Thats great lads. Thank you very much.

    So to get to the nuts and bolts of it - if on the application he ticks YES this is my main and only home, then he wouldn't get stung for this at a later date (if they found out he had inherited another home/asset that he doesn't live in). I just don't want him to get stuffed.

    It is his main home but it is not his only home. Ticking yes may potentially be considered a fraudulent statement because it lists two conditions - your 'uncle/father' only meets one. It is an AND statement, not an OR statement. You work in IT so must be aware of this boolean concept.

    His primary property is the council property, his main residence. However, he is on the deeds of another property and as an owner, is free to take up residence there whenever he likes.

    I would ask the council for clarification.
  • Ky-An
    Ky-An Posts: 41 Forumite
    If he lives in the property he can exercise his rtb. The inherited house makes a difference if claiming benefits. No one can stop someone inheriting a property. There is only a problem when fraud is being committed -knowingly or unknowingly.
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