Inheriting Right to Buy.

Deep_Ocean

The housing association have not yet been informed of the bereavement.

NobodysChild

Deep_Ocean wrote: »

I have relatives who live in council flats. Perhaps my Aunt could do a tenancy exchange with one of my relatives. She could then give up her tenancy once the exchange is complete? But through the whole process she would be living with her sister. Is this an allowable loophole?

Sounds risky. Could the aunt not apply for the RTB now? (After you tell the H.A. of your nan's death?) Or could you ask the H.A. if someone can buy it for her? (Using the existing RTB?) Because if your aunt was on the tenancy agreement too, then the RTB may be inherited by her.

Deep_Ocean wrote: »

The housing association have not yet been informed of the bereavement.

If they don't even know, then they think that your nan is still the main tenancy holder then yes?

I think you have to talk more to the H.A. about this.

Deep_Ocean

Just to highlight that my Aunt who remains in the property doesn't have the mental capacity to live alone or purchase the property. Should is now living with another relative. We just need to understand what direction we are heading before contacting the housing association.

Deep_Ocean

Thanks for all of your posts. I will ask the H.A. to clarify our rights then. If we don't have any then to be honest this is what we expected. It would just be nice if a member of the family could keep the property whether it was rented or purchased. I guess it would be verging on fraudulent if we started exchanging tenancy agreements etc.

NobodysChild

Deep_Ocean wrote: »

Just to highlight that my Aunt who remains in the property doesn't have the mental capacity to live alone or purchase the property. Should is now living with another relative. We just need to understand what direction we are heading before contacting the housing association.

You need to ask the H.A. if your aunt can inherit the RTB, and if so, then you can ask if another family member can buy it for her (either cash, or with a mortgage...)

My aunt's council allowed this. They let her son and daughter in law buy the house with my aunt's RTB. (This was 2001.) They paid the mortgage, but the house was in my aunt's name. What she did though, was she willed it to them.

It is up to the H.A. if they will allow this though.

Every local authority and H.A. is different.

LittleMissGiggles123

As somebody said above, if your aunt was on the tenancy agreement she may be entitled to the right to buy, BUT I think she would have to be able to afford to buy if of her own accord, so for instance be able to get a mortgage herself. Would this be possible? Would she also be able to afford all the bills that come with being a homeowner?

Pixie5740

You cannot get a mortgage in your name for a property that you don't own. No mortgage lender is going to entertain that.

If your aunt was able to inherit the tenancy and was able to inherit RTB then the rest of the family would have to get the money together without a mortgage. Sometimes even when people inherit RTB they don't inherit the discount that their predecessor may have had.

Who would pay for the repairs and maintenance of the property. Is the aunt in a position to make a will?

What is best for your aunt? To get embroiled in this RTB or to go and live with her sister?

Letting go can be difficult, but this is just bricks and mortar, I'm sure you have many happy memories of your grandmother already.

45002

Deep_Ocean wrote: »

Thanks for all of your posts. I will ask the H.A. to clarify our rights then. If we don't have any then to be honest this is what we expected. It would just be nice if a member of the family could keep the property whether it was rented or purchased. I guess it would be verging on fraudulent if we started exchanging tenancy agreements etc.

NO..............

Vist your local CAB office or Shelter office 1st to clarify your rights...

Enter your full post code in one of the below links to find what's nearest to you

http://www.citizensadvice.org.uk/

http://england.shelter.org.uk/get_advice/advice_services_directory

take All the paper work with you.

Then contact the HA once you had advice ...

Jenniefour

Pixie5740 wrote: »

What is best for your aunt? To get embroiled in this RTB or to go and live with her sister?

Good questions. Aunt is vulnerable and her best interests need to be top priority. If buying the property is do-able then, as pointed out above, it needs to be done in a way that accounts for your Aunts situation/health issues and doesn't leave her with any complications in future. Including complications that might not be easily foreseen now. I doubt this is do-able, simply because your Aunt is vulnerable and I don't see anything in your posts that indicates that she has the capacity to understand the possible future implications for her of the big decisions now being considered. Which is a very different proposition from your Aunt perhaps wanting you to have the house.

It can be a big wrench when a family home has to go, especially when it's a council or HA property who often have time limits to clear the house when someone dies or the tenancy is surrendered.

My cousins had to do this when their father died and their mother had to go into a residential home. Very sad for them as they had been born there and it was their only family home. However, they made sure they took the items that had meaning for them and have all the memories of the happy life they had in that house, and of their father.

carefullycautious

Housing associations do not do right to buy. However, some do allow tenants to have the right to acquire.


A lot of housing associations no longer allow tenants to purchase.


If you aunt is on the tenancy it would be better for her sister to move in with her to keep this going.


You really need someone who knows the law regarding this.