RIght to Buy - advice please

Confused241 · 22 May 2019 at 12:10AM

I have lived with my parents all my life in a council house, sadly my parents recently died within 8 months off each other.

I’m looking to RTB just to see what discount I would get or if renting would be a better option.

Anyway I’ve been given advice by a right to buy advisor which doesn’t seem fair.

My parents moved in this house in 1962 and my dad signed the tenancy agreement but in 2009 a different landlord took over the tenancy and Me, Mum, Dad signed this new tenancy agreement.

I am now the sole tennant via right off succession of the tenancy but I’ve been told by a RTB advisor I would only get a discount from 2009 as this is when I signed the tenancy. This doesn’t seem fair, me and mum were advised to sigh the tenancy to give us more security!

Told if I hadn’t signed the tenancy has I now have right off succession, I would now be entitled to my dads discount from 1962. This doesn’t seem fair at all, thought I was doing something to secure my tennancy/RTB when my parents were no longer here.

Totally confused on filling in the RTB form, what tennancies to put down.

Also it says in right to buy booklet “If you lived with your parents after the age of 16 and you later became the tenant of the same house or flat, you may be able to count that time too.”

Does this not apply to me either?

Obviously I’ve been through a lot in the past 8 months and thought I’d be able to buy this house I’ve lived in all my life and qualify for a decent discount

Any help would be appreciated

HampshireH · 22 May 2019 at 2:25AM

Seems odd 3 of you signed a tenancy agreement in social housing.

Cross generation tenancies are rare but more so where 2 eligible people are already tenants.

Are you sure you signed a tenancy in 2009? As 1 succesion is permitted this just doesnt make sense.

Either way the solicitor is correct. If the new tenancy was signed in 2009 the terms and conditions would have changed most likely.

You are succeeding a 2009 tenancy not a 1962 tenancy. Your parents may have had the benefit of the extended period if their rights were protected on their new tenancy.

As you were added in 2009 the solicitor will go by this information as their legal basis.

The tenancy was the security. The rtb is a benefit. Nothing to do with security of social housing tenure.

When your parents signed it they did so in receipt of various tenancy rights. The time to question it was 10 years ago.

Info on succession and rtb is on the shelter website

HampshireH · 22 May 2019 at 2:27AM

Also. Its still probably a pretty decent discount. Not to be sniffed at to be fair

Norman_Castle · 22 May 2019 at 9:45AM

Confused241 wrote: »

Totally confused on filling in the RTB form, what tennancies to put down.

Also it says in right to buy booklet “If you lived with your parents after the age of 16 and you later became the tenant of the same house or flat, you may be able to count that time too.”

Does this not apply to me either?

It might apply to you. The discount is based on the number of years (presumably as an adult) you have lived in social housing. Contact below for better advice

https://righttobuy.gov.uk/agent-service/

Confused241 · 22 May 2019 at 11:29AM

Thanks for your replies

All 3 off us signed the tenancy agreement in 2009 and all became joint tennants as advised by the housing officer for the new landlord.

I have a letter from landlord dated 15/04/2019 - BA has become sole tenant by virtue of survivorship to the tenancy that was signed jointly between BA, Dad, Mum in 2009

I know the discount is a bonus and 10 years is still a good discount but when I could have got full discount might mean me being able to afford to buy the house I’ve lived in all my life.

I’m working at the minute and can afford to buy but worried about future if I stay renting and lose my job, have to go on housing benefit I am then under occupying a 3 bedroom house, can the landlord make me move out to a smaller property?

I’ve been given conflicting advice by the right to buy advisors.

Comms69 · 22 May 2019 at 11:47AM

Confused241 wrote: »

I have lived with my parents all my life in a council house, sadly my parents recently died within 8 months off each other.

I’m looking to RTB just to see what discount I would get or if renting would be a better option.

Anyway I’ve been given advice by a right to buy advisor which doesn’t seem fair.

My parents moved in this house in 1962 and my dad signed the tenancy agreement but in 2009 a different landlord took over the tenancy and Me, Mum, Dad signed this new tenancy agreement. - who was the new landlord?

I am now the sole tennant via right off succession of the tenancy but I’ve been told by a RTB advisor I would only get a discount from 2009 as this is when I signed the tenancy. This doesn’t seem fair, me and mum were advised to sigh the tenancy to give us more security! - who gave you this advice - a life lesson is, unless you're paying for it, treat it with a pinch of salt

Told if I hadn’t signed the tenancy has I now have right off succession, I would now be entitled to my dads discount from 1962. This doesn’t seem fair at all, thought I was doing something to secure my tennancy/RTB when my parents were no longer here. - life isn't fair

Totally confused on filling in the RTB form, what tennancies to put down. - well why do you need to buy? you can just continue living there.

Also it says in right to buy booklet “If you lived with your parents after the age of 16 and you later became the tenant of the same house or flat, you may be able to count that time too.”

Does this not apply to me either? - no idea, you're age isn't clear

Obviously I’ve been through a lot in the past 8 months and thought I’d be able to buy this house I’ve lived in all my life and qualify for a decent discount - you will eventually

Any help would be appreciated

I don't understand the urgency of the need to buy now. You can carry on living there and accumulating a discount.

Comms69 · 22 May 2019 at 11:49AM

Confused241 wrote: »

Thanks for your replies

All 3 off us signed the tenancy agreement in 2009 and all became joint tennants as advised by the housing officer for the new landlord.

I have a letter from landlord dated 15/04/2019 - BA has become sole tenant by virtue of survivorship to the tenancy that was signed jointly between BA, Dad, Mum in 2009

I know the discount is a bonus and 10 years is still a good discount but when I could have got full discount might mean me being able to afford to buy the house I’ve lived in all my life.

I’m working at the minute and can afford to buy but worried about future if I stay renting and lose my job, have to go on housing benefit I am then under occupying a 3 bedroom house, can the landlord make me move out to a smaller property?

I’ve been given conflicting advice by the right to buy advisors.

Unless you have the cash literally in the bank, if you buy with a mortgage and lose your job, you'll lose the house anyway.

Fire_Fox · 22 May 2019 at 1:05PM

Confused241 wrote: »

I’m working at the minute and can afford to buy but worried about future if I stay renting and lose my job, have to go on housing benefit I am then under occupying a 3 bedroom house, can the landlord make me move out to a smaller property?

Sorry to read of your two losses.

Please do not rush into anything, do loads of research on reputable websites (eg. local council, government, MSE, CAB, debt charities, Which?), use online calculators.

Can you also afford major repairs, maintenance, renewals, buildings insurance, life insurance, pension provision? I assume you are aware of the monthly utility bills, council tax etc. since this has long been your home. Complete a few full budgets for different possible future scenarios.

Currently under-occupying would mean any housing benefit would not cover all of the rent. Your savings or redundancy pay or a 'permitted occupant' would need to cover the rest.

Currently the government do not help with your mortgage at all for several months, so your savings or redundancy pay or lodgers would need to cover the mortgage. Even after the waiting period, government help with mortgage interest is a loan only.

If you got into arrears with your mortgage, or if you got into arrears with your rent you might be at risk of eviction. That is the purpose of 'rainy day' savings and/ or good mortgage protection insurance.

BUT the key thing is to take action at the earliest stage if you are ever in financial difficulties: search, read and post on MSE, get help from the CAB. Do not panic. Never 'rob Peter to pay Paul'. You cannot get evicted overnight.

Many working, single adults will never qualify for social housing. Many single adults are 'sofa-surfing', in temporary/ short term/ a tiny rented room or are on the streets. Some adults have health conditions or disabilities that prevent them working. Some adults cannot afford a balanced diet or cannot afford heating.

Until the last year, you have been sheltered from the real world and it is indeed unfair.

-taff · 22 May 2019 at 1:20PM

You could get a lodger

Norman_Castle · 22 May 2019 at 3:50PM

Confused241 wrote: »

All 3 off us signed the tenancy agreement in 2009 and all became joint tennants as advised by the housing officer for the new landlord. Previously a council property which was given to a housing association? If so you should have a preserved RTB.

I’ve been given conflicting advice by the right to buy advisors.

Which advisors and exactly what advice are they giving you? Moving from rtb to preserved rtb shouldn't affect the eligible years.

Also it says in right to buy booklet “If you lived with your parents after the age of 16 and you later became the tenant of the same house or flat, you may be able to count that time too.”

This says you may be able to count that time. Ask in what circumstances this time will be counted.

Norman_Castle · 22 May 2019 at 3:53PM

Comms69 wrote: »

I don't understand the urgency of the need to buy now. You can carry on living there and accumulating a discount.

They are looking at their options which most people would consider wise. "I’m looking to RTB just to see what discount I would get or if renting would be a better option".

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RIght to Buy - advice please

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