Inheriting Right to Buy.

AdrianC

Deep_Ocean wrote: »

Now get back in your box your comment couldn't be further from the truth.

In your case, perhaps not - but, given the very many similar threads there are from people with less sentimental motives, you'll understand why a degree of cynicism may be present in many readers. You'll also understand that the HA themselves may share the cynicism, especially if your aunt - the long-term joint resident, albeit without the capacity to be a tenant in her own right - then moves out.

OK, let's assume your aunt can retain the tenancy and have RtB. Is your sister, or anybody else, prepared to move in with your aunt and care for her in her house, rather than your aunt move in with them? Would that person be able to raise the finances, mortgage or family, to buy and maintain the property even after making whatever changes to their working life would be necessary to care for your aunt?

MisterB1959

Deep_Ocean wrote: »

Of course being able to buy the property at a reduced rate would be attractive. But if I could buy it at market value I would as well. I just wouldn't get the mortgage for it even if it was allowed. Selling it for a profit in 2 years time would certainly not be an option. It would be my home for life. I guess you haven't read the whole thread before making an antagonistic comment. My nan lived in the house for over 50 years. I had many happy memories there and have celebrated every Christmas at the house. If it was possible for any of my family to take over the tenancy that would be great.

The conversation was over before you made an unecessary post. it will be a sad day when the house goes but there is a family out there who are going to make their own memories in a lovely house. There is some comfort to be taken from that.

Now get back in your box your comment couldn't be further from the truth.

don't be such a cry baby that I saw through your supposed emotional issue. a very cheap house with massive potential profit for you or your family


but I still wish your aunt well and her sister is great for taking her in, that is to be genuinely admired !

Deep_Ocean

You are talking rubbish but I do thank you for your wishes for my aunt. It is very kind for her sister to take her in.

I don't care to get a spat with you. You are way off the mark and I don't need to justify myself to you.

restless6

If it is now a housing association property but she lived there for 50yrs then i am guessing it was previoulsy a council property with the retained right to buy?

Can her sister move into the house and care for her there so they get to stay in the family home?

alternatively can your aunt inherit the tenancy if she has no mental capacity to do so? i dont know. if she did inherit the tenancy then she would be able to do a mutual exchange with anyone, including those in the flats, but i dont know how this is affected by her mental state.

FBaby

Can her sister move into the house and care for her there so they get to stay in the family home?

OP wants to be the one moving in because of her attachement to the house (and the fact that it is nicer than hers), so nothing to do with benefiting the sister.

I think it is a fair decision. Why should you benefit from something that you accept you can't afford just because your mother lived there for 50 years? It sounds though that deep inside you accept this.

the_wheels_have_fallen_of

Understand you are in England but my boyfriend tried something similar in Scotland last year. His father was a sole council tenant for 39 years in the same flat as a sole tenant. When he fell ill about 6 months before, my boyfriend moved in with him and gave up his own rented property to care for his father. Because he lived with his father and cared for him in the the latter months of his life AND had given up his sole home himself.

He applied for something called "succession rights" which I believe in Scotland and England is discretionary and he had to have a lot of proof that he had lived and cared for his father there and that was now his sole home. He was able to do this and the Local council ruled in his favour; otherwise he would have been homeless through no fault of his own in Scotland (as I live 340 miles away in England) and has no other family at all.

Being a working person, he enquired whether he could then buy the flat as he had succeeded his father's original tenancy - he was told that he could not as a few people have pointed out on posts, the RTB does not then go with that "succession right". Plus, what they've done in Scotland (poss same in England) is made many areas "pressured areas" which means that the council house and HA stock are very low because a great proportion of the original housing stock has been bought up.

Theoretically, because your relative lived with your nan, she would get "succession rights" (or whatever its called in England) but as a few others have said, if she is not able to make decisions for herself then someone else would have to move into your nan's original house with her.

Understand you are desperate to keep the house but the only other alternative the council would probably offer to house your aunt if she has disabilities would be to put her in sheltered/assisted housing - but then they would take your nan's house.

Really dont think that there would be any loophole for you unless you moved in the house with your relative yourself - but still doesnt solve your requirement of wanting the RTB....

Running_Horse

There appears to be no benefit to your aunt whose needs will now be taken care of elsewhere. So why would you want to deprive someone else of a council house (maybe in similar circumstances) just for the sake of sentimentality? The aunt cannot live there, so what would be the purpose of buying the house at a massive discount, apart from financial gain? How distasteful when somebody has just died.

squinty

There is quite a bit of advice and information that is incorrect.

You need to understand the status of the tenancy. I understand that South Staffordshire HA was set up as a stock transfer organisation to take over the council stock. This means that the tenancy may be a secure tenancy (if granted prior to transfer) or a assured tenancy if granted afterwards.

I realise the OP said the tenant had lived at the property for more than 50 years. However, this does not mean she has always been the tenant. You need to determine the type of tenancy.

You also need to check the position of the daughter. You mention that she is on the tenancy, but check this. If she is a joint tenant, as you suggest she may have become the sole tenant on the death of her mother.

Even if she is not a joint tenant, the tenancy may pass to her if there has been no previous succession to the tenancy. However, there can only be one succession, so if mother had suceeded to the tenancy for example on the death of a partner, there cannot be another succession. Succession rights for secure tenants are not discretionary, they are set out in law.

If through one of the routes the daughter may have the right to buy in her own right. However, you need to provode further details.

I not making any comment on the morality of the issue - only the OP knows the full circumstances.