Right to Buy

Moozbang

Hello

I have lived in the same property as my parent since I was a child. The property is an ex council house and is eligible for right to buy. The problem is my dad is seriously ill at the moment and has a couple of years to live at best.
He has suggested that I buy the house with him and then if he dies I would still have a roof over my head.
Can anyone tell me if I am still classed as a tenant if I am the child? I have only ever lived at this property, all bank details, voting registers etc have all been at the address.
My dad has not needed to pay the rent for several years as he was on disability and the council were aware that I lived there too.
Also would his credits pass on to me if he was to die and I stayed in the house?

lincroft1710

If you are not named on the tenancy agreement, you are not a tenant. But this does not stop you and your father jointly applying as you have lived there more than 12 months. In certain circumstances a tenancy can be passed to an adult child when the parent dies.


What "credits" are you referring to?

Moozbang

lincroft1710 said:

If you are not named on the tenancy agreement, you are not a tenant. But this does not stop you and your father jointly applying as you have lived there more than 12 months. In certain circumstances a tenancy can be passed to an adult child when the parent dies.


What "credits" are you referring to?

Hi

Yes I'm a tenant now, as I asked them to put me on several months ago. My dad has been told that I can join him on the right to buy.  When I say credits i mean if the worst were to happen and he died before we completed, would they recognise my 20 plus years living there?

GibbsRule_No3.

If you are classed as an adult then I imagine you are also classed as a non-dependent living at the address and the rent rebate/credits your father receives are adjusted to show that.  If you don’t work, then are you receiving credits on your own behalf?  I would be surprised if you would be allowed to stay in the property (unless you have bought it by then) after your father dies.  I have a friend who has lived with her parents for 50 years but when her father died a couple f years ago the council told her she could not be put on the tenancy with her mother and would need to leave the property when her mother dies.  She was advised to make sure she had a utility bill in her name from the property and that the council might then have a reason to rehouse her, low priority due to being single. 

Curious you say ex council property, so what is it now?

Moozbang

I have worked since leaving uni but when my dad rang the council up to inform them i had started working they just said they didn't need to know as my dad was on disability benefits and it would make no difference. I know I am on the council tax forms. 
The housing association has now put me on as a tenant though so I shouldn't be evicted.
It is a housing association house. It was council about 20 years ago. That is why he still has right to buy. They have already told him that.

sammyjammy

GibbsRule_No3. said:

If you are classed as an adult then I imagine you are also classed as a non-dependent living at the address and the rent rebate/credits your father receives are adjusted to show that.  If you don’t work, then are you receiving credits on your own behalf?  I would be surprised if you would be allowed to stay in the property (unless you have bought it by then) after your father dies.  I have a friend who has lived with her parents for 50 years but when her father died a couple f years ago the council told her she could not be put on the tenancy with her mother and would need to leave the property when her mother dies.  She was advised to make sure she had a utility bill in her name from the property and that the council might then have a reason to rehouse her, low priority due to being single. 

Curious you say ex council property, so what is it now?

OP has already confirmed she is now a joint tenant with her father and that there is no non-dependant deduction for rent as he claims PIP/DLA.

Ratkin007

You say you asked them to put you on the tenancy.  Did you and your father sign a new tenancy agreement? 
You said you've been there since being a child, was the tenancy in joint names previously?
In the scenario that GibbsRule_No3 has given, the tenancy was probably joint so when the father passed the mother succeeded to the tenancy and there would be no further successions.  If you signed a tenancy agreement, then you are a joint tenant and will not be evicted. Not sure if you will qualify for the years your father previously held the tenancy.  
If your father has a sole tenancy and it has always been in his name only, you should qualify to succeed to the tenancy.  Again, you will need to check the tenancy.  If you suçceed to the tenancy you should get the years from when you turned 18.
It seems that your father gets housing benefits. I'm not an expert on hb but I believe that if you were a joint tenant your father would not get full hb as his claim would be based on 50%. If you are a non-dependant (a member of the household but not a tenant) then full hb is likely due to the type of disability benefits received.  Hopefully I am wrong but you should check whether you actually are a joint tenant. 

Moozbang

I have been in touch with one of the government helplines for this and they assure me my situation is ok. The succession would pass to me and the housing association would have to honour the years that I have lived there.
I will keep you posted.

Thanks 

Ratkin007

It is good that you have been reassured by the helpline.
I note you have opted not to answer my questions raised, which is your choice, (and you know your situation) but I would like to add, it is only the years after you turned 16 (not 18 as I said before) that would be considered for RTB. 
If there are 3 or more bedrooms then whether you are a tenant or not can also make a difference on whether you get to stay. 
Just to add, I worked in social housing in London many years ago and dealt with succession requests. 
Hope you have the correct information.