Can council tenants legally own property?
Can council tenants legally own property?
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Discussion

king_of_herts

Original Poster:

383 posts

213 months

Friday 28th October 2011
quotequote all
Here's a question I would like those in the know to answer if they can...

My dad owns his own property.

He wants to leave it between me and my brother in his will.

As a council tenant,I am worried that this could cause me problems as I am pretty sure you cannot own property as a tenant.. Or would that not concern me as I wouldn't own all of it??

Any ideas??

sideways sid

1,423 posts

232 months

Friday 28th October 2011
quotequote all
Presumably, what you're really saying is that when you inherit part of a property, you'll be able to return the council property to the council to house a more needy tenant, and use either the property, any sale proceeds, or rental income to fund your own accommodation...

Anything else might sound like you're considering adding yourself to the legions of people who have the means to house themselves but prefer to live at the expense of the rest of us!

onesickpuppy

2,648 posts

174 months

Friday 28th October 2011
quotequote all
sideways sid said:
Presumably, what you're really saying is that when you inherit part of a property, you'll be able to return the council property to the council to house a more needy tenant, and use either the property, any sale proceeds, or rental income to fund your own accommodation...

Anything else might sound like you're considering adding yourself to the legions of people who have the means to house themselves but prefer to live at the expense of the rest of us!
hehe

MacW

1,349 posts

193 months

Friday 28th October 2011
quotequote all
onesickpuppy said:
sideways sid said:
Presumably, what you're really saying is that when you inherit part of a property, you'll be able to return the council property to the council to house a more needy tenant, and use either the property, any sale proceeds, or rental income to fund your own accommodation...

Anything else might sound like you're considering adding yourself to the legions of people who have the means to house themselves but prefer to live at the expense of the rest of us!
hehe
hehehehe

NoNeed

15,137 posts

217 months

Friday 28th October 2011
quotequote all
That is the best first reply I have seen lol biggrin

Edited by NoNeed on Friday 28th October 23:39

Countdown

45,038 posts

213 months

Friday 28th October 2011
quotequote all

king_of_herts

Original Poster:

383 posts

213 months

Friday 28th October 2011
quotequote all
I'm not looking to have anything I am not entitled to, I earn a very low wage and am exactly the 'kind' of person who needs council accomodation.

Believe me, I don't live here because I want to. I would happily move to a nicer area given the chance.




The property in question is a 1 bed flat, which I would only inherit 50% of - so this would not be suitable for me, my missus and our son.

I couldn't ever live in it, so I would probably end up selling my half to my brother who could use it for himself.

My question was - As a council tenant, can I inherit this property without putting my tenancy into difficulty?

I don't appreciate people who know nothing about my situation to make crass comments on what I thought was a fairly knowledgable and sensible forum, I was purely after legal advice from people that might know.


Scootersp

3,706 posts

205 months

Friday 28th October 2011
quotequote all
I'm pretty sure it has no effect if you both sold it or your brother bought you out, just like perhaps getting a lottery windfall etc or someone young getting a council flat and then going on to a good career. Obviously as you say if this is big enough most will ultimately buy a privately owned home.

In fact as some tenants still have the right to buy their council home and exercise this then it seems impossible they would be penalised for a windfall/savings/inheritance they need to have amassed to allow them to buy.

flyingjase

3,094 posts

248 months

Monday 31st October 2011
quotequote all
king_of_herts said:
I'm not looking to have anything I am not entitled to, I earn a very low wage and am exactly the 'kind' of person who needs council accomodation.

Believe me, I don't live here because I want to. I would happily move to a nicer area given the chance.




The property in question is a 1 bed flat, which I would only inherit 50% of - so this would not be suitable for me, my missus and our son.

I couldn't ever live in it, so I would probably end up selling my half to my brother who could use it for himself.

My question was - As a council tenant, can I inherit this property without putting my tenancy into difficulty?

I don't appreciate people who know nothing about my situation to make crass comments on what I thought was a fairly knowledgable and sensible forum, I was purely after legal advice from people that might know.
If you can sell it fairly quickly then you shouldn't have problem. I know everyone on here is squeeky clean, but personally if I was you, I wouldn't bother telling the council unless you plan to keep it long term.

Have you thought about taking the profit out of that and using it under the right to buy scheme? If you have been a council tenant for sometime, that could work out really well for you. I understnd that the Tories are bringing it back. As a kid my Mum bought her council flat for 50% discount.

anonymous-user

71 months

Tuesday 1st November 2011
quotequote all
There was a story a few weeks ago in the Daily Mail of a guy with a 20M property porfolio living in council subsidised accomadation, so why would it be illegal for the OP to own a property?
I can see you may have a moral problem, but that wasn't the question.

theaxe

3,571 posts

239 months

Tuesday 1st November 2011
quotequote all
Berw said:
There was a story a few weeks ago in the Daily Mail of a guy with a 20M property porfolio living in council subsidised accomadation, so why would it be illegal for the OP to own a property?
I can see you may have a moral problem, but that wasn't the question.
Was it Bob Crow?

OneDs

1,629 posts

193 months

Tuesday 1st November 2011
quotequote all
king_of_herts said:
I'm not looking to have anything I am not entitled to.... blah blah blah
Why are you entitled to a tax payers subsidised house? Surely if you need a tax payers subsidised house, you have a basic housing need that can't be resolved on the private housing market. Once you have the means not to need subsidised housing you should move on, it's got fk all to do with entitlement.

kingofherts

Original Poster:

383 posts

213 months

Tuesday 1st November 2011
quotequote all
OneDs said:
Why are you entitled to a tax payers subsidised house? Surely if you need a tax payers subsidised house, you have a basic housing need that can't be resolved on the private housing market. Once you have the means not to need subsidised housing you should move on, it's got fk all to do with entitlement.
A 'taxpayers subsidised house'....

I pay the same taxes too, so what's your argument exactly?

Like I said in previous posts, I'm not living here because I want to.
(We're not all lucky enough to live in lovely Dorset!)

I actually started a business two years ago, which I mentioned on here before, but you wouldn't know about that as your obviously someone who just types rude comments to look big and clever.

I could also sit on my a*se insulting people I don't know on internet forums, but instead, I go out 7 days a week looking for new business as I want to be able to afford my own place and provide for my wife and child.

I'm not a bum, a scrounger or a poncing foreigner. I am a hard working person who started at the bottom and is trying as hard as they can to make it in life.

I sincerely expected to get some half decent advice on this forum regarding my legal standing, and I am really quite shocked at the negative reactions some of you feel obliged to hand out.


bigbubba

1,005 posts

236 months

Tuesday 1st November 2011
quotequote all
Sell the asset when you get it and move to private rented property as you will be able to afford it.

This way, someone more deserving than you can get the subsidised housing.


bigbubba

1,005 posts

236 months

Tuesday 1st November 2011
quotequote all
You also seem to have a BMW convertible in the garage! I am surprised it isn't a Motability car to really screw the system......

Steffan

10,362 posts

245 months

Tuesday 1st November 2011
quotequote all
You need to be very careful in your approach to this challenge.

You are obliged to give all the relevant facts to the Council in your initial application for council housing.

Under the agreement signed by you from the council ALL changes in your circumstances MUST be notified immediately.

You can be charged with various criminal offences if you fail to inform the council about your change in circumstances.

Obtaining pecuniary advantage by deception being just one.

There is simply no way you can do this and remain within the law.

I would advise against it: criminality is not a good bedfellow.

Other people may do it and they may get away with it.

But the same is true of Murder, Rape and Arson.

Criminality is Criminality. I would not consider this for a moment.

But it is your choice.

kingofherts

Original Poster:

383 posts

213 months

Tuesday 1st November 2011
quotequote all
bigbubba said:
You also seem to have a BMW convertible in the garage! I am surprised it isn't a Motability car to really screw the system......
Ha! Well spotted, but unfortunately that went earlier this year when I became a Dad! I now drive a 2002 Transit just in case anyone wants to criticise me for that??

Well, I would love to stay and chat some more, but I have to go down the benefit office in 5 mins to claim my £30000 a day benefits in my gold plated rolls royce.

banghead

kingofherts

Original Poster:

383 posts

213 months

Tuesday 1st November 2011
quotequote all
Steffan said:
You need to be very careful in your approach to this challenge.

You are obliged to give all the relevant facts to the Council in your initial application for council housing.

Under the agreement signed by you from the council ALL changes in your circumstances MUST be notified immediately.

You can be charged with various criminal offences if you fail to inform the council about your change in circumstances.

Obtaining pecuniary advantage by deception being just one.

There is simply no way you can do this and remain within the law.

I would advise against it: criminality is not a good bedfellow.

Other people may do it and they may get away with it.

But the same is true of Murder, Rape and Arson.

Criminality is Criminality. I would not consider this for a moment.

But it is your choice.
READ MY POSTS PLEASE BEFORE COMMENTING MATEY.

IM NOT APPLYING FOR COUNCIL HOUSING, I ALREADY HAVE IT.




bluebear

604 posts

171 months

Tuesday 1st November 2011
quotequote all
sideways sid said:
Presumably, what you're really saying is that when you inherit part of a property, you'll be able to return the council property to the council to house a more needy tenant, and use either the property, any sale proceeds, or rental income to fund your own accommodation...

Anything else might sound like you're considering adding yourself to the legions of people who have the means to house themselves but prefer to live at the expense of the rest of us!
not all council house tenants cost you money. I pay FULL rent and COUNCIL TAX. so dont cost you anything. Its eletist attitudes like yours that cause social divides

flyingjase

3,094 posts

248 months

Tuesday 1st November 2011
quotequote all
I can't believe how holier than thou some people are on this forum.

Leave the guy alone - he asked for some advice not smug comments.

He's started his own business and pays tax like the rest of rest, so as far as I'm concerned he is one of the hard working few that deserve a council house. It's the lazy buggars that don't want to work that I have an issue with.

As for the criminality comments - my view would be to take a sensible approach with the council. If you are planning to sell in 3-6 months after inheriting it then don't bother telling them. If you plan to keep it long term and rent it then you will have to tell them.

The problem with telling the council on day 1 is that they normally so officious with absolutely no pragmatism or common sense you will open a can of worms that doesn't need to opened for such a short term situation.