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Right to Buy - Power of Attorney?

13

Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    sarbaloosa wrote: »
    Cheers Buzby.

    Any links to RTB ending please?

    ....

    RTB is ending. In Scotland.
    http://www.bbc.co.uk/news/uk-scotland-23155904

    No change elsewhere.
  • sarbaloosa
    sarbaloosa Posts: 52 Forumite
    kingstreet wrote: »
    Right.

    You are two distinct individuals.

    As his PoA, you are effectively him. If you buy the property as him, it is his income which is taken into account.

    Now, take off your PoA hat.

    As you, you can't be a joint owner, but you may be able to be a party to the mortgage but, as I said this would be an extremely risky stance as you would effectively have all the downside of the debt with none of the upside of ownership.

    What do you think about my comments in post #21 mate?
  • sarbaloosa
    sarbaloosa Posts: 52 Forumite
    antrobus wrote: »
    RTB is ending. In Scotland.
    http://www.bbc.co.uk/news/uk-scotland-23155904

    No change elsewhere.

    Yes I read that. I didnt know it applied to England just yet.
  • kingstreet
    kingstreet Posts: 39,335 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    sarbaloosa wrote: »
    What do you think about my comments in post #21 mate?
    You can do what you want with your house.

    If you want to raise the purchase funds that way, that's entirely up to you.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • sarbaloosa
    sarbaloosa Posts: 52 Forumite
    I am not going to BS any of you. But my father would like to leave this property to me when he passes, which God willing will be a long way away from now. He recognizes he may qualify for almost a £70K discount against the council house and would like to leave that to me in the end rather than giving up on the house entirely.

    I guess the best way would be for me follow post #21
  • beecher2
    beecher2 Posts: 3,677 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    sarbaloosa wrote: »
    Just had another idea. I could remortgage my own house, which is fully paid off for the value of what my fathers council house is worth.

    I could then gift him the money as a lump sum, stay with him for 5-6 years before allowing him to move in with me in my other house. That way, I would be paying amount of as a mortgage but against my OWN home.

    Huge risks for you as have already been explained. If your dad needs care, the house would be seen as an asset to pay for it.

    Why would you stay with him for 5-6 years before 'allowing' him to move in with you?

    In my experience with infirm parents, you never know what's round the corner. To an outsider, this looks like a disaster waiting to happen.
  • sarbaloosa
    sarbaloosa Posts: 52 Forumite
    kingstreet wrote: »
    You can do what you want with your house.

    If you want to raise the purchase funds that way, that's entirely up to you.

    Any better way to raise the funds quickly?
  • jacques_chirac
    jacques_chirac Posts: 2,825 Forumite
    sarbaloosa wrote: »
    I am not going to BS any of you. But my father would like to leave this property to me when he passes, which God willing will be a long way away from now. He recognizes he may qualify for almost a £70K discount against the council house and would like to leave that to me in the end rather than giving up on the house entirely.

    I guess the best way would be for me follow post #21

    So this is not in his best interests, it is in your best interests?
  • kingstreet
    kingstreet Posts: 39,335 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Any better way to raise the funds quickly?

    Loan, savings, rob a bank?

    Have you actually got the S125 in your hand?

    If you haven't, you don't need any great speed in raising the money as the process of getting from RTB1 to S125 is a few months long.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • booksurr
    booksurr Posts: 3,700 Forumite
    edited 9 August 2014 at 10:25AM
    sarbaloosa wrote: »
    I am not going to BS any of you. But my father would like to leave this property to me when he passes, which God willing will be a long way away from now. He recognizes he may qualify for almost a £70K discount against the council house and would like to leave that to me in the end rather than giving up on the house entirely.

    I guess the best way would be for me follow post #21
    So as I said at the start, your POA would be being used in your best interests to secure your own inheritance, not in your father's financial interest. Your father has no money so the POA is irrelevant. It is your plan in your name, not your father's name and your father would be financially worse off because he then has a maintenance liability which did not exist before - that is not how a POA works!!!

    Your father gets no financial gain from it from it and indeed stands to lose if he needs means tested benefits. Your father would of course have the knowledge he has given you a taxpayer funded inheritance as his reward

    you can of course remortgage your own home and give that money to your father so he can buy his council house outright without a mortgage. The RTB would be in father's name only since you are not a qualifying person. Ownership would be in father's name only and thus exposed to the discount period (which you are clearly aware of since your expect him to move out at 5 years so "you" can sell up and pocket "your" money) and being used to fund care home - if applicable.
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