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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, please can u advise me - my mum and I have lived in

Resolved Question:

Hello, please can u advise me - my mum and I have lived in our 3 bed council house for 35 yrs. my mum is the main tenant, I am her carer - she is now unwell in hospital and it looks like she may have to go into a nursing home for 24hr care. I am afraid I will be asked to leave our property and down size to a 1 bed flat. Do I have the right to buy our house, even though my mum is the main tenant on the rent book ? Haringey council know I'm my mums carer and I pay my council tax ? I am happy to move to a 1 bed flat if need be, however I do not want to be placed in a awful high rise block of flats, do I have any rights / options ?? Any advice would be appreiated.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether the tenancy has ever been succeeded before please?

Customer: No, never succeeded before
Alex Watts :

Ok - in that case that is good news.

Alex Watts :

You are entitled to one succession per tenancy

Alex Watts :

So when your mum passes then you would be entitled to stay. You have to live there for 1 year

Alex Watts :

Once this happens then you have a right to buy

Alex Watts :

But until that happens you have no right to buy as you are not the tenant

Alex Watts :

Can I clarify anything for you about this today please?

Customer: What do I do in the mean time when my mum is transferred to a nursing home and the council ask me to down size to a one bed property, can I stay in our family home ?
Alex Watts :

Yes you can seek a review of the decision

Alex Watts :

That is by going to the Local Government Ombudsman (www.lgo.org.uk)

Alex Watts :

Or by seeking a Judicial Review

Customer: Ok, so I won't be thrown out of my home ? I can appeal ?
Alex Watts :

You can appeal yes

Alex Watts :

Does that help?

Customer: Yes thank you - but when the council contact me about moving to a 1 bed flat, what should I say to them ? How should I word it ?
Alex Watts :

You should refuse on the basis that you dont know whether your mum will be long term in care and in any event you would be entitled to succeed

Customer: Thanks Alex, but apparently the council are desperate for 3 bed houses and I am alone in a 3 bed house - I am happy to pay the full rent and council tax and bedroom tax - apparently it is not about this it's about me occupying a 3 bed house - am I still entitled to stay?
Alex Watts :

You may be yes and you can appeal the decision as discussed.

Alex Watts :

You also need to check Council policy

Alex Watts :

And contact your Councillor

Customer: One last question - if mum buys the house now and then makes a will to transfer the property to me when she dies, would that work or will I be hit with inheritance tax ?
Customer: Alex, please can u answer my last question.
Customer: Alex, please can u reply to my last question
Customer: Alex, please can u answer my last question
Alex Watts : If she survives 7 years then no, otherwise yes
Alex Watts : Does that help?
Customer: Thank u so much for your very helpful advice.
Ash and other Law Specialists are ready to help you