Right to buy

Bettats

Hi everyone first time posting, hope you all well.
Me and my mum applied for right to buy our flat, she's the main tenancy holder and me as a co purchaser, they accepted our application, they sent rtb2 notice with me and my mums names on it, they even sent out surveyor to survey the flat, unfortunately my mum past away last week, can they cancel our application,do i have any legal rights to carry on with the right to buy, i am the co puchaser.we are managed by housing association, there's been a 1 succession from dad to mum.i haven't told the land about the death yet , any advice will be appreciated

edrushuk

Sorry to hear about your mum. Unfortunately, I think your council will be the only people that can confirm whether you can carry on with the purchase. They all have different rules and requirements. I think they would need to redo the papers in your name only, as a starter. Will you be able to still pay the mortgage on your own?

Caz3121

Shelter info
http://england.shelter.org.uk/legal/security_of_tenure/succession/succession_secure_tenancies/effect_of_death_on_right_to_buy#2

ethank

So sorry to hear about this. I know that when my dad passed away my mum received succession and they clearly said it could not be succeeded again. I suppose every HA has their own rule. So worth asking.

da_rule

If you are not a tenant you do not have the right to buy, regardless of what stage in the process you are at.

Only a secure tenant can exercise the right. They can share the right with applicable people (i.e. you), but the right vests, and unfortunately ends with, them.

HampshireH

......as would any right to continue living in the property at all.

Unless your council grant a discretionary tenancy (which if you can afford then they are unlikely to do)

Best talking to them

00ec25

da_rule wrote: »

If you are not a tenant you do not have the right to buy, regardless of what stage in the process you are at.

Only a secure tenant can exercise the right. They can share the right with applicable people (i.e. you), but the right vests, and unfortunately ends with, them.

did you read the shelter link?? I assume not, since the legal position is black and white....

"If a member of the tenant's family was joined to the right to buy under the co-purchaser procedure,[4] and the tenant dies leaving the other applicant in occupation, that other applicant is deemed to be a secure tenant for the purpose of completing the right to buy transaction, provided that s/he remains in occupation. S/he can therefore require that the sale be completed, even if there has been a previous succession."

Bettats

Thanks for the link guys, by reading through shelter link seems like i do have legal right to carry on with the application.