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    • Donnadiddle
    • By Donnadiddle 13th Apr 18, 12:05 PM
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    Donnadiddle
    Right to Buy refusal due to Disability adaptions
    • #1
    • 13th Apr 18, 12:05 PM
    Right to Buy refusal due to Disability adaptions 13th Apr 18 at 12:05 PM
    My Mother has been a Council tenant for over 40yrs. My Father passed away 18mths ago and My Mother has decided to buy the house for security.
    The house has the following adaptions for my Mother: Stairlift, wet room and downstairs wc extension.
    As a result she has been denied the right to buy!
    Surely this is discrimination, she NEEDS these adaptions and was under the impression she would have to pay more to account for the additions and was willing to do so.
    We would be very grateful of any advice that can be offered... Thank you
Page 2
    • marliepanda
    • By marliepanda 15th Apr 18, 9:40 AM
    • 6,347 Posts
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    marliepanda
    You obviously DONT think the way we do!!
    The reason for buying is so WE can pay and have the downstairs bedroom extension built with shower room for her that the COUNCIL refuse to do and to open it up to open plan..
    Not that we need to justify ourselves to you ...
    Originally posted by Donnadiddle
    Sounds like your mother needs to move to an adapted bungalow, not continue to adapt a house.

    The council aren’t going to totally renovate and extend a house and leave the upper floor unused.

    You could ask for a move to a bungalow, but they may say ‘we put in a stairlift, why do you need a bungalow’

    You say it has a downstairs toilet, a wet room and a stairlift. Why does she need a downstairs bedroom and wet room too?
    • Donnadiddle
    • By Donnadiddle 15th Apr 18, 9:47 AM
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    Donnadiddle
    There are no other houses in the UK that meet those specifications? If that's the case why not have one built so your Mom can have security?
    Originally posted by SnooksNJ
    My Mother doesnt want to move out of her house she shared with my Dad. The wet room is upstairs. The current stairlift is of no use to her as she is not allowed to use it since having a stroke in November. She only has a very small council 2 bedroom house.
    • Donnadiddle
    • By Donnadiddle 15th Apr 18, 9:51 AM
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    Donnadiddle
    And how is it discrimination as she NEEDS these adaptations? They're not proposing to take them away, and her purchase isn't going to make her residency there any more or less secure.
    Originally posted by armchaireconomist
    Because following a stroke in November she needs the house opening up and a bedroom and wetroom extension built downstairs. She has been told she can no longer use the stairlift.
    • Mojisola
    • By Mojisola 15th Apr 18, 9:55 AM
    • 29,631 Posts
    • 75,766 Thanks
    Mojisola
    My Mother doesnt want to move out of her house she shared with my Dad.
    Originally posted by Donnadiddle
    Because following a stroke in November she needs the house opening up and a bedroom and wetroom extension built downstairs. She has been told she can no longer use the stairlift.
    Originally posted by Donnadiddle
    Although she would prefer to stay in the family home, it sounds as if her health and care needs have to take priority over this.

    As you and your brother are well-off, why not buy a suitable bungalow for her - either already adapted or one which can be altered to meet her needs?
    • Donnadiddle
    • By Donnadiddle 15th Apr 18, 9:55 AM
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    Donnadiddle
    Firstly your mother will not be more secure owning a house she will be less secure.

    Where is the money supposed to come from to buy the house. Since you can only become a tenant at 18 and your mother has been a council tenant for over 40 years that makes her at least 58. So unless she has enough savings in the bank to pay for the house outright how does she think she can afford to buy it.

    If she has enough savings to buy this property outright she also has enough savings to buy a sheltered housing flat with all these adaptations on the open market. So there is no need for her to buy this property as she can do what everyone else does and downsize into a retirment flat using the money that she has saved to buy this house to do that.

    Not all council property is covered by the right to buy scheme your mum is living in one that isn't.

    There is no descrimination. People who are over 58 and have enough savings in the bank to buy a property outright with no mortgage can afford to buy a retirement flat so they aren't descriminated by not being able to buy their council property.

    Where to go from here. Tell your mother that if she feels she wants to own a property to look for a retirement flat on the open market.

    For complete security the rented council property is the best.
    Originally posted by Cakeguts
    WOW!! 'Tell your Mother' ... Im very sorry but even at 63 years old my Mother would NOT be told by anyone what to do and I certainly would not disrespect her and 'TELL' her anything ...
    She has the amount needed to buy the house from the council... she WISHES to stay where she shared her life with her Husband who passed 18mths ago.... is this so hard for people to understand... maybe you think we should force her into a care home !!! FFS people!!
    • marliepanda
    • By marliepanda 15th Apr 18, 9:58 AM
    • 6,347 Posts
    • 13,513 Thanks
    marliepanda
    Okay then. As wealthy business owners you know how business works.

    Your mum cannot buy the house.

    The council is not willing to pour more money into a house which is going to render half the house empty.

    Your mum needs a new house. Emotion and sentiment needs to be put aside because her health isnt allowing her this sentiment.she won;t be sleeping in the same room as she did. Shell be dwelling on the ground floor of a huge house and taking the opportunity away from another family that needs it. Thats selfish.

    Its a shame as hugely successful wealthy business owners you didnt buy your parents a wonderful home they could do what they wanted with when your father was still alive. But, hindsight eh.

    Either she moves or she manages with what she has. End of.
    Last edited by marliepanda; 15-04-2018 at 10:03 AM.
    • pmlindyloo
    • By pmlindyloo 15th Apr 18, 9:59 AM
    • 11,756 Posts
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    pmlindyloo
    I am afraid that people get very 'shirty' about the right to buy scheme as obviously the tenant would be getting a very substantial reduction in price compared with buying a non council house. It's human nature so try not to rise to it. Added to that there are offspring who do this just to make a healthy profit.

    So, have you tried asking the council if you can pay for the extension yourselves? Obviously this would be, eventually, lost money for yourselves but would be a good compromise for your mum.
    • Mojisola
    • By Mojisola 15th Apr 18, 10:03 AM
    • 29,631 Posts
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    Mojisola
    Im very sorry but even at 63 years old my Mother would NOT be told by anyone what to do
    Originally posted by Donnadiddle
    Your mum needs a new house. Emotion and sentiment needs to be put aside because her health isn!!!8217;t allowing her this sentiment.

    Either she moves or she manages with what she has. End of.
    Originally posted by marliepanda
    This ^

    It's something most of us learn from a early age - we can't always have things the way we want them to be.

    Your Mum has a decision to make - stay as things are; ask the council for a move to an adapted bungalow; use her capital to buy something suitable (with help from her children, if necessary).
    • Detroit
    • By Detroit 15th Apr 18, 10:15 AM
    • 747 Posts
    • 2,332 Thanks
    Detroit
    If your mother's needs have changed and she requires further adaptations, she would benefit from a reassessment of her housing needs.

    If she lives in the house alone and cannot use the upper floor, applying for a bungalow seems sensible. As she would be freeing up a family home, she should get some priority on the waiting list.

    There are many previous threads that point out the disadvantages of trading a secure tenancy for home ownership. For a person in your mother's situation, with the potential for changing needs, and perhaps limited ability to maintain the home, these are particularly pertinent.

    The only real advantage of the scheme (and it's a huge one) is the money to be made on resale of the house due to the discount.

    Many people try to disguise their desire to take advantage of this by claiming other motivations for purchase, typically a desire for security for their parent, when in reality their primary aim is to inherit a property.

    If this is even in part your motivation, you should also consider that should your mother need care in future, the house would be sold to cover the costs.

    As your mother already has disabilities, she may have a greater than average likelihood of needing care in future. This would mean there would be no profit from the house to serve as an inheritance, and any money you invest now would not be recouped.

    As your mother does not have the right to buy, these are fairly moot points. However, they may help you to see this is not such a bad thing after all.


    Put your hands up.
    • antrobus
    • By antrobus 15th Apr 18, 10:15 AM
    • 15,861 Posts
    • 22,590 Thanks
    antrobus
    Your landlord may refuse to let you buy on the grounds that your home is particularly suitable for occupation by elderly people (under paragraph 11 of Schedule 5 to the Housing Act 1985). If so, you can ask a Residential Property Tribunal to decide if your landlord is right. But you must ask them within 56 days after the landlord has refused to sell your home. If you don't ask in time, you lose this right of appeal.

    You will need to contact the Residential Property Tribunal office at 10 Alfred Place, London, WC1E 7LR, telephone number 020 7446 7700 to determine where your appeal should be sent. This is because the appeal will be dealt with by the panel for the region in which your home is located.


    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/697640/Your_Right_to_Buy_Your_Home_A_Guide__April_2018_.p df
    • datlex
    • By datlex 15th Apr 18, 10:26 AM
    • 1,729 Posts
    • 1,621 Thanks
    datlex
    OP, the council may not fund adaptions. Have you asked for permission to make adaptions? Here should I chose to I can make certain adaptions so long as they do not make the property unsafe. I have to get a professional out to give a quote and give details of the work they will do. Then I have to fill out a form and get permission. You may find that the same is available to your mum. It may also cost a lot less too.
    • da_rule
    • By da_rule 15th Apr 18, 12:24 PM
    • 2,737 Posts
    • 2,413 Thanks
    da_rule
    The Council appear to be relying on one of their exemptions under Schedule 5 of the Housing Act 1985 (https://www.legislation.gov.uk/ukpga/1985/68/schedule/5). Paragraphs 7 & 10 are the most relevant.

    You can challenge the Council's decision in the County Court/Tribunal.

    Alternatively, could you mother apply to transfer to an unadapted property, then exercise her Right to Buy and she can then make all of the adaptions she needs?
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