Right to buy complex issue

underthepaw

Hi everyone 

I have a complex issue regarding a Right to buy that has taken place for my sister and am looking for some advice please.

Situation is: 
Sister (Main tenant) had over 20yrs RTB entitlement 

Spouse had never been a council tenant, was not on tenancy, had lived at property less than 12 months, joined the RTB as a family member.

Sister was very ill at the time and unable to go on the mortgage.

Mortgage proceeded in sole name of the spouse. The Solicitor acting solely for spouse unbeknownst to my sister asked the Council to reissue an amended Title Deed in just the spouses sole name, rather than both, which the council did. 
Sister was totally unaware, as all the paperwork she ever received from council including completion letters were in both names, with her as the main person named.

After an abusive marriage the issue came to light when the spouse declared that he alone owned the house.

We called the Councils RTB team who said that this was impossible as the entitlement was my Sisters (the main tenants) and all their systems and documents showed a joint sale, but when they checked land registry it showed ownership was in the spouses name only. 

After some digging it came to light someone in legal had changed the title deed.  We were told there was nothing they could do to help us anymore. 

I have made official complaints to the council, as from what I understand the spouse had no right to purchase the house solely, as they had never been a council tenant or accumulated any RTB entitlement so the sale should have stopped.

The Council however are maintaining that there was no error and that the right to buy was carried out correctly in accordance with the legislation. 
That the spouse was legally entitled to the house, as the housing legislation allows for them to join the application as a family member.
Which also entitled them to the qualifying years of the existing tenant. 

Can anyone shed any light as to what they are meaning by the qualifying years  please?

Any help would be appreciated as sister faces homelessness with her family, as her ex-spouse intends to sell the property.  
The Council do have right of refusal on the property and although they are actively increasing their property portfolio. They are being obstructive about whether they would buy it with her (and family) in situ to remain in as tenants. 

Many Thanks in advance x

Baldytyke88

underthepaw said:

The Council however are maintaining that there was no error and that the right to buy was carried out correctly in accordance with the legislation. 
That the spouse was legally entitled to the house, as the housing legislation allows for them to join the application as a family member.
Which also entitled them to the qualifying years of the existing tenant. 

Any help would be appreciated as sister faces homelessness with her family, as her ex-spouse intends to sell the property.  
The Council do have right of refusal on the property and although they are actively increasing their property portfolio. They are being obstructive about whether they would buy it with her (and family) in situ to remain in as tenants. 

Surely if they lived together as husband and wife, they would share the value of the house

underthepaw

Baldytyke88 said:

underthepaw said:

The Council however are maintaining that there was no error and that the right to buy was carried out correctly in accordance with the legislation. 
That the spouse was legally entitled to the house, as the housing legislation allows for them to join the application as a family member.
Which also entitled them to the qualifying years of the existing tenant. 

Any help would be appreciated as sister faces homelessness with her family, as her ex-spouse intends to sell the property.  
The Council do have right of refusal on the property and although they are actively increasing their property portfolio. They are being obstructive about whether they would buy it with her (and family) in situ to remain in as tenants. 

Surely if they lived together as husband and wife, they would share the value of the house

That takes us into the realm of divorce settlements etc which I’m ok on info wise. 

In answer to your question though generally yes they would but then you also have to factor in any discount payback, the mortgage, his loan and credit card debts that she knew nothing about (from gambling) that is classed as joint cause they were married so she’s liable too etc 
Also if council do decide to buy back with her in situ then that apparently will affect what they offer. 

If they decide they don’t want the house then as her ex destroyed her ability to get credit she looking at not being able to rent privately and facing being made homeless. 

Crux of my issue is that I don’t believe the RTB sale should have gone ahead in just his name, so I need help understanding what they are  meaning by he was entitled to her qualifying years comment. 

 

Baldytyke88

You can make a joint application under right to buy with:

• someone who shares your tenancy
• up to 3 family members who’ve lived with you for the past 12 months (even if they do not share your tenancy)

I would think it would be normal to put the house in either name. Maybe you should consult a solicitor?

Bookworm105

underthepaw said:

Spouse had never been a council tenant, was not on tenancy, had lived at property less than 12 months, joined the RTB as a family member.

as 12 months is a key ground under which the RTB was made possible, then your claim that it should not have been allowed appears to have merit.

the question then is what outcome are you looking for and who are you going to take legal action against?
- she is named co-owner on the deeds and so can stop the sale?
- she settles for half the money from the sale and goes her way ?

Ratkin007

I know there are constant changes to legislation, but I believed that family members have to be resident for 12 months but that did not apply to spouses. 
 I also thought that the RTB belonged to the tenant, however having looked at the Housing Act 1985, secton 123   https://www.legislation.gov.uk/ukpga/1985/68/section/123
It looks like the 12 month rule does not apply to the spouse (were they married at time of application?)
 and the rtb (I guess once applied for and validated) belongs to the tenant and the members jointly.  That said, I don't understand why he was able to purchase the property in his sole name. 
I know that changes were made in relation to the discounts given, etc, but I guess there would have been other changes.  I think independent legal advice is required.