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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33545
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is a quarter owner of a property along with

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Hi, my daughter is a quarter owner of a property along with her 2 sisters and her niece, Her eldest sister is living as a tenant in the property until she is able to get a mortgage and buy them out, However my daughter has financial difficulties and needs to pay back some money to a housing association and she is being told that if she doesn't win an appeal then they will make her sell the property to pay what she owes.
My question is it possible for the house to be made to sell because one quarter of the ownership has problems, also they say they can force the other sisters and niece to have to sell the house in order to do so. Is this legal or just scaremongering
thanks
Marc
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youIf the Creditor obtains a Judgement against your daughter they can Register the debt as a Charge against your daughter's share of the propertyThey would then be able to apply for an Order for sale which MIGHT be successful - although it is not guaranteed given that there are three other owners involved.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you clare, my daughter told the housing association where she lives about the house when she was 17 and moved in and when she turned 18 they allowed her to stay there while accruing debt, she is only 19 now but they say she owes up to £8000, the association is to help vulnerable individuals like her and this is causing stress to the other sisters as there was no money left just a property.In your proffesional opinion would it be a successful case for the housing benefit as i feel they have treated my daughter unfairlythanksMarc
Expert:  Clare replied 1 year ago.
HiDo you mean that she has been refused Housing benefit and is not paying the rent?
Customer: replied 1 year ago.
she was in receipt of housing benefit when she was 17 and moved into the association and told them that when she turned 18 she was to be a part owner of a house left in a will, on the day of her 18th birthday they stopped her benefits and told her she owed £3000 to the benefits also the association then said she wasn't able to stay there, they then agreed to let her stay provided she pay her contribution while they appealed the decision on her behalf, however now 15 months later they have said the appeal is likely to be declined and that now she owes double the amount and are saying her sister will be made to sell the house and possibly have no where to live. It is an odd case cause my daughter never wanted the house and isn't interested in such things. it is really difficult to see a way forward
Expert:  Clare replied 1 year ago.
I am sorry that you feel my service was poor - which does not trigger and is not necessary for a refund.I am afraid that it was ALWAYS inevitable the appeal would fail as your daughter ceased to be eligible for Housing benefit when she became a part owner of a house.I agree that it was unfair for her to be led to think that it would be. and allow the arrears to arise and on that basis she will certainly be able to argue that it is only reasonable that she be allowed extra time for the repayment of this debt.How much is the house worth?
Customer: replied 1 year ago.
The house is worth approx £100.000
Expert:  Clare replied 1 year ago.
Hi
When is it likely that your elder daughter will be able to raise a mortgage?
Clare
Customer: replied 1 year ago.
Maybe another 12 to 18 months, her husband's bad credit history has to clear first.
Expert:  Clare replied 1 year ago.
Unfortunately whether your daughter wanted the gift or not she has received a share in a property worth £25,000 and this means that she was not entitled to the benefits she was givenThe arrears are NOT her fault but they still have to be paid - as does her ongoing rentalThe fact that her sister wishes to purchase the house but is not currently in a position to do so is sadly NOT a reason for any delay in a sale to enable your daughter to pay her debts.HOWEVER the simple fact is that it would take some time for the process which would eventually force a sale to take place to go through and by the time it does your elder daughter will (hopefully) be in a position to go ahead with the purchaseWith that in mind the way forward is to negotiate weekly payments with the aim of settling the outstanding amount within 18 months.I am sorry that I cannot give you better news but it is important that you know the legal positionPlease ask if you need further details
Customer: replied 1 year ago.
Ok, it just seems a shame that she is in this position when she had been upfront and honest about her inheritance, giving all the appropriate bodies a years notice of it happening. She told them when she was 17. So im sure you can understand our frustration at her being left in a lot of debt. This is a huge strain on her and is causing her a lot of stress, as she is vulnerable and suffers with anxiety after having a few problems when she was younger, hence the reason she lives in supported living.
Expert:  Clare replied 1 year ago.
Hi
I agree with you completely - I think she has been very badly treated and a formal complaint should be made
Clare
Customer: replied 1 year ago.
Thank you for that, who should I make a complain to?
Expert:  Clare replied 1 year ago.
Any and all of the Agencies involved
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33545
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, I will do that. Thank you very much for your help. It has been a relief to explain this to you and have some answers, maybe not the ones we would have liked, but still nice to see a way forward, so thank you again for your help :)
Expert:  Clare replied 1 year ago.
You are most welcome - an dI do feel your you and your poor daughter - anxiety in itself is crippling without more distress being caused

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