Council tenant inheriting a house.

st999

This is in Scotland.

My friend's daugher, who is 47 years old, lives in a 2 bedroom council house, with her partner and 21 year old son.

Her mother and father have recently passed away (18 months between) and she has inherited the house, a 3 bedroom house, under Scottish law, she being an only child.

She is now paying council tax on it, band E, as well as her present house which is band A.

She is intending to either sell the house or rent it out as she thinks that it is too big for her and her present house is only 5 years old and very energy efficient compared to her parents 30 year old house.

She pays about half the £1300 that her parents were paying for gas and electricity.

The running cost would probably be more than she is paying now, including her rent.

Her parents house also needs the wooden windows replaced and also the wooden soffits also need replaced, most of the houses on the estate, built at the same time, have had this done.

She doesn't have the money to get this done.

The council housing department has strongly suggested that she gives up her council house and move into her parents house or she might be evicted from her council house, but she doesn't want to.

Can they really evict her from her council house because she inherited a house from her parents?

[Deleted User]

She won't be evicted for owning another house (although if she applied for another council house, like a move etc it would do, but her present tenancy is likely to be unaffected by owning another house). However, she can be evicted for living elsewhere and not using the council property in most areas. She needs to check her council's website for rules and regulations for tenants.

It sounds to me like she should sell it at a low enough price to attract people who are willing and able to do the place up. But this will likely affect her entitlement to benefits if she is in receipt of any.

Renting the place out would cause benefit problems as well, and possibly tax problems as it counts as income.

Cakeguts

I would suggest that she sells the inherited house and buys a smaller more modern one and moves into that leaving the council house available for another family who needs it.

Hoploz

I have no idea how council tenancy agreements work, do all I can do is look at this objectively ... If she was hard up and got a council house that's fine, she needed the help at that time. But now she has been given a house, why should she still be entitled to a tax-payer funded/subsidised one? I understand that the house itself may not be suitable for her, but she has the opportunity to sell it and buy one that does meet her requirements, surely? If she is no longer paying the rent on the council house, that would free up some cash to spend on the bills in the bigger place in the meantime perhaps? Then a family who have not been given a house for free could make use of the council subsidised place.

theartfullodger

What SORT of council tenancy does she have? There are various & without knowing we can't answer your question.

If she reads her tenancy agreement & her council website guidance she can probably work it out for herself.

davidmcn

st999 wrote: »

The council housing department has strongly suggested that she gives up her council house and move into her parents house or she might be evicted from her council house, but she doesn't want to.

Hmm. If she moves into her parents' house, that might be a reason for evicting her from the council house (as it will be a condition that she actually resides in it). But otherwise I can't think of any basis on which she could be evicted. Did the council give any hints?

TheGardener

The house is just an inherited asset - if it had been a particularly expensive heirloom piece of jewellery, I doubt the council would have ordered her to sell it and buy a house. If there is sufficient value in the house to sell it and buy one more suitable for the families needs then great - do that. If not then sell it and invest the money in a pension or trust to help support her when she's older.
Either way - if she is on benefits (there is no suggestion in the OP that she is) there may be an impact on income but I doubt the council can insist that she moves into a house that is unsuitable for the families needs and income. I reckon there will not be anything in her tenancy that says she has to?
As its in Scotland I'm guessing buying the council house she is in is no longer possible?
I'd sell it quick sharp and get the money invested in something soon as. Empty homes deteriorate very quickly and she doesn't need to be paying out on insurance, CT and repairs - that just eats into the value of the asset.

davidmcn

TheGardener wrote: »

As its in Scotland I'm guessing buying the council house she is in is no longer possible?

Correct, applications had to be submitted by the end of July.

moneyistooshorttomention

Quite agree that its not right to rent a Council house when one owns one.

But what is puzzling me is that she only seems to be taking account of the fact that the bills on her house would be higher than those on the rented house she currently has. True - but she wouldnt have to find money for rent any longer either and that would more than counterbalance any extra costs on bills.

Add the fact she could do exactly what she pleases to her own house and I imagine there are restrictions as to what she could do with the council house.

If her rent is being paid for by us via benefits - then the DWP wouldnt allow her to keep such an expensive asset as her house and would expect her to sell it after a certain period of time and use the money tied-up in it to live on. Think it's six months??? So - she'd be best to get it on the market quick sharp, whilst she is still allowed to use the money tied-up in it to buy a different house for herself.

Also - if she is on benefits currently - then living in a more modern house and with lower costs overall (ie no rent) then she could manage to take a lower-paid job whilst looking for a more reasonably-paid one from the position of having one.

I agree that it would be best for her to sell her house and buy a more modern one instead and give up the tenancy of the council house.