Who is the actual owner of a right to buy

Mark_11

Yes we are trying to say that 25% of it is hers, the total sale price was £87k and the original purchase price was £58k.

ReadingTim

Mark_11 wrote: »

This is why we need to know who actually owns the house legally.

As per charlieismydarling, she does. She was the council tenant, so she, and she only, had the right to buy the place. Who paid for it is irrelevant.

csgohan4

Oh dear, all me myself and I, I hope the council claws back the pension credit, you have taken a guaranteed tenancy from your mother to feed your spending.

Whether she provided 0 or some of the cash to buy the house is irrelevant, it's her tenancy and she owns the house. You have not declared this and taken another HA, great, bad for the tax payer funding you.

I hope you get what deserve

Mark_11

We also own two helicopters and the London Bridge. Thought I would rattle the troll bravado ����

[Deleted User]

This is why family who go for RTB raises red flags .., there are pitfalls for the tenant family can't see. All they can see is the money they might make if nothing goes wrong.

Now everyone is a loser, the original tenant especially. And there is yet another property not available to other tenants who desperately need somewhere to live.

onwards&upwards

So your mum had a secure tenancy, gave that up for RTB, but then rented it out (was that allowed so soon?) for a profit while she got ANOTHER secure tenancy, now you want to buy her a second home abroad so she can keep her cheap HA property and have a luxury lifestyle and an extra asset too?

I mean, seriously?

HampshireH

Ita quite interesting to understand how a homeowner got a social housing property because of arthritis. Thats very rare if the truth was told about the house at the time.

I don't think its money grabbing to want your money back from the sale. However you arent an owner and have no right to cash payout unless you safeguarded it at point of purchase.

Sounds like your mum now has a debt to repay.

da_rule

From how I’ve read this you secured your payment to your mum by means of a charge?

Quickest thing to do is download the title register. If your mums name is the only one on the proprietorship register then it is hers 100%. If this is the case then your names should/may appear on the charges register.

xylophone

Yes we are trying to say that 25% of it is hers, the total sale price was £87k and the original purchase price was £58k.

Your mother alone was a council tenant with RTB?

The discounted price was £58,000?

She didn't have the money to buy the property so twelve years ago you and two siblings remortgaged your own properties to raise this sum and lent it to your mother?

She is shown as the sole proprietor on the deeds but you and your siblings have registered a charge on the property to secure the loan?

If the above is the case then she alone owns the house - now she has sold it, you and the siblings have the right to be repaid the money that you lent her leaving her with the balance of £27,000.

With regard to GPC, see

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs48_pension_credit_fcs.pdf

I am wondering whether the property she owned but did not occupy would have been regarded as capital.

theartfullodger

Yes, capital


(was in response to question asking if home not lived in would be classed as capital: Dunno why it escaped)