We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Renting back house I've sold...urgent advice please

2»

Comments

  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    As others have said, I don't believe you ever contracted their services for advice over the risks of renting back tge property you were selling. Plus even if they had I'm not sure it would have included welfare and benefits advice as it's not something solicitors advise on or are expected to know. They probably would have told you tge laws on sale and rent back, advised you about legal pitfalls and reviewed your contract.
    Don't listen to me, I'm no expert!
  • From Shelter:
    Housing benefit claims after a sale and rent back deal
    To make a housing benefit claim after selling your home through a sale and rent back deal, you must show that selling your home was your only option.

    You usually only get housing benefit if you cannot afford to stay in your home and would have lost your home if you had not entered into a sale and rent back agreement or a sale and lease back arrangement.

    Obviously they need to stop people selling their home to a family member in order to claim housing benefit they don't really need. However it looks as if there is provision for people who sold their home for the genuine reason that they couldn't afford to own it any longer.
  • marksoton
    marksoton Posts: 17,516 Forumite
    dek1972 wrote: »
    they were acting on the sale, and yes they knew I was to be renting back the property. I'm sure if they were acting in my best interest as my solicitors they should have made me aware of any pitfalls or at least advised me to get independent advice.

    Maybe they should have advised you what to have for lunch whilst they were at it....
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Nothing to do with your solicitor. If you needed to know this you should have checked.
  • NYM
    NYM Posts: 4,066 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Combo Breaker
    Now my question is, should my solicitor at the time of sale have advised me about not being able to make any housing benefit claims within 5 years


    Did you ever ask him?
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Can you not appeal on grounds of your sons needs ?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Why don't you just rent a house that you didn't used to own? That must be pretty much every property in the country (not the mention the rest of the world) so you should have a wide choice.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.2K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.