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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mum has been a council tenant in the same property

Resolved Question:

My mum has been a council tenant in the same property for 37 years, about 8 years ago it was damaged by fire and it was repaired by the council, there was talk at the time that the council didnt have enough insurance to cover the repairs, so if they paid all or part of the repair cost themselves, and she wants to buy the property under the right to buy, will it affect her discount and if so how much, she would be buying it under the preserved right to buy as the council stock was bought from the council by red kite in 2011.
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 :

No, it wont affect her discount.

Alex Watts :

Just because the Council were not insured, does not mean the tenant is automatically liable.

Alex Watts :

Therefore if the Council were not insured, as Landlord, they still should foot the cost.

Alex Watts :

Even if they can not recover that cost from insurance.

Alex Watts :

The only exception would be is if this was caused by the negligence of the tenant, or they did it on purpose

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The fire wad accidental and my mum's content insurance paid out for the contents that were lost, most of it was smoke damaged, they did actually put a new roof on the property because the fire brigade punched a hole in the roof to help them put the fire out, the downstairs was only smoke damaged but the council redecorated the whole house

Alex Watts :

Ok- it does not sound like negligence.

Alex Watts :

So no, it should not affect it

Alex Watts :

Does that clarify?

Customer:

Yes it does thank u very much for your help

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

It's just on the UK government website says that if my mum's Landore the council has spent money on the house in the last 15 years it would reduce her discount, so do u still agree that her discount wouldn't be affected?

Alex Watts :

Yes because this is not for refurbishment, this is because of a fire

Customer:

Ok gr8, thank u very much I have rated your answer.

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