Who is the actual owner of a right to buy

Mark_11

Hi, can anyone help please, my Mum bought her council house 12 years ago through the right to buy scheme, but it was me and my brother and sister who paid the money through remortgage loans.
As my mum was the only person on the tenancy agreement, it had to go in her name on the land registry but we all got put on the land registry paper work as having a concern and all four of us needed to sighn to sell it.
Is this classed as shared ownership. Please help as no one can tell us, also we can’t find the declaration of trust.
Yours hopefully Mark 11

ACG

The solicitor who dealt with the purchase.

00ec25

what is it you are trying to sort out now?


you say you "can't" find the DoT so presumably one or more of you may or may not be facing a tax bill on the sale or one or more of you have invalidly done your stamp duty when buying after the additional tax rate rules came in

ReadingTim

It would be helpful if you explain why you need to know - assume your Mum is selling and you want to make sure you get your money back?

Finding the declaration of trust is also key, as they should set out how any proceeds are to be split. As mentioned above, try the solicitor who dealt with the original. If no joy, ask the solicitor who's dealing with the sale - assuming the place is indeed being sold - as I said, you need to provide a little more information if you want an accurate answer to whatever predicament you're in.

charlieismydarling

Oh look another RTB thread.

Presumably mum has either died and greedy kids want their asset, or mum is in a nursing home and council wants to sell to fund fees.

It belongs to your mum as legally she was tenant and only she had the right to buy.

So sick of these threads. They hardly differ.

theartfullodger

Good for you helping mum buy her home. With the help of a huge bung from the taxpayer.

Nothing to stop her giving it to a friend, Battersea dogs home, whoever or whatever she likes.

Kids have no right to inherit anything, other than the lessons their parents carefully taught them

Mark_11

Hi Tim, the reason I was asking is because my mum has just sold it, but over the last few years my mums has got arthritis in her spine and she has just finished chemotherapy for cancer and it is looking okay 🤞. The sale money was to buy her a bungalow after the 10 years, but we have decided to get a holiday home in Spain so that she can enjoy life for a change, but she has been getting guaranteed pension credit, but the WTP have contacted her and she is now over the 10k threshold ( 87k ) But she never paid a penny towards the purchase so it wasn’t declared. She has taken it bad as she thinks she is in big trouble, she is currently living in a housing association flat as she moved out the house 9 years when the arthritis started, the house has had a caretaker tenant in as it could not be rented out due to right to buy rules. This is why we need to know who actually owns the house legally.

Mark_11

So why do you answer them ?

gingercordial

Mark_11 wrote: »

Hi Tim, the reason I was asking is because my mum has just sold it, but over the last few years my mums has got arthritis in her spine and she has just finished chemotherapy for cancer and it is looking okay 🤞. The sale money was to buy her a bungalow after the 10 years, but we have decided to get a holiday home in Spain so that she can enjoy life for a change, but she has been getting guaranteed pension credit, but the WTP have contacted her and she is now over the 10k threshold ( 87k ) But she never paid a penny towards the purchase so it wasn’t declared. She has taken it bad as she thinks she is in big trouble, she is currently living in a housing association flat as she moved out the house 9 years when the arthritis started, the house has had a caretaker tenant in as it could not be rented out due to right to buy rules. This is why we need to know who actually owns the house legally.

So to be clear, your concern is that she owns an asset (or now cash) that may be more than the £10k.

You need to find out if she:

1. Owns 100% of the house/cash.
2. Owns 25% of the house/cash.
3. Owns none of the house/cash.

I am not sure if the £87k you mention is the value of the whole house or just her quarter, though even then that is £22k so still over the threshold.

So are you trying to convince them that she owns none of it?

theartfullodger

Mark_11 wrote: »

.......... The sale money was to buy her a bungalow after the 10 years, but we have decided to get a holiday home in Spain so that she can enjoy life for a change, ....

aye, of course... Who's name is/is-planned the spanish holiday home in, please?

....but she has been getting guaranteed pension credit, but the WTP have contacted her and she is now over the 10k threshold ( 87k ) But she never paid a penny towards the purchase so it wasn’t declared. She has taken it bad as she thinks she is in big trouble, she is currently living in a housing association flat as she moved out the house 9 years when the arthritis started,

she possibly/probably owes back 9 years of pension credit then. And any other means-tested benefits

....the house has had a caretaker tenant in ..............

what "caretaking" did this "caretaker tenant" do? Maintenance, paying all bills, improvements? Rent doesn't just have to be money. Any, perhaps, cash payments to family members. nothing on paper? (Asking a calm polite question, not accusing anyone of anything...)


Was "caretaker" a family member? Was anyone else living there with caretaker, please?

bris

It's your mums home, legally 100% The fact you have an interest in it doesn't change that.


So the way I read it is you all chipped together to steal a house from the council, your mum then gets another housing association house shorty after buying it and you rent it out for 9 years.


Tbh I hope it comes back on you are this is a despicable abuse of the RTB scheme.