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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How do I sell a house, where I am the proprietor, with a non

Resolved Question:

How do I sell a house, where I am the proprietor, with a non rent paying very elderly tenant
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstCould you explain a little more about the situation please
Customer: replied 1 year ago.
House purchased as right to buy in 1989 by my Mother & step Father. Officially I could only act as mortgage guarantor but actually paid the whole mortgage as it was to be for my retirement. At the time of taking out the mortgage I was 43 & have now just celebrated my 70 birthday. The mortgage paid up in Oct 2009 there was a letter from the Land Registry that they kept 1p owing on the property & they would retain the deeds. A trust deed was done, at the time of the conveyance, so that the property could not be disposed of without my authority. In 2007 I saw a UK solicitor & had the property noted through the Land Registry that it could not be disposed of without my authority. In 2010 my Mother signed a deed of gift & I have a document from the land registry stating that I am the sole proprietor. My mother is 96 & my step Father died late December 2015. My Mother is house bound, wants to go into care but Social Services say she doesn't meet the criteria. My Brother has accommodation in his house that would be suitable for my Mother but neither he or my Sister want her living with them. I left the UK to live in Australia, with my partner in February 1995 & before leaving asked my Brother & Sister if they wanted to take the house on but both refused.
Trust the above is of help.
Regards
Expert:  Clare replied 1 year ago.
Are you willing to fund your mother's care?
Customer: replied 1 year ago.
Absolutely not.
Expert:  Clare replied 1 year ago.
What percentage discount did your parents have when they purchased the property?
Customer: replied 1 year ago.
Not sure but assured me it was the maximum as my Mother had been a council tenant for most of my life.
Customer: replied 1 year ago.
Repeat of answer
Not sure but assumed it was the maximum as my Mother had been a council tenant for most of my life.
Expert:  Clare replied 1 year ago.
But you had access to the paperwork?This is an important point in terms of what happens next
Customer: replied 1 year ago.
The only paperwork I had were the copies of statements relating to the mortgage payments.
Expert:  Clare replied 1 year ago.
That is a problem - although it is resolvable.The fact is that your mother is entitled to live there for so long as she wishes.You cannot sell until she dies or leaves voluntarily - unless you wish to sell it at a reduced price with a sitting tenantIf she wishes to move into a Care home then your mother needs to identify one and ask Social services to conduct a financial assessment.You need to be aware that Social Services WILL say that your mother has a financial interest in the property equivalent to the discount that she received for the purchaseThis will not be the case when she dies because of the deed of gift.I am sorry - I know that this is not the news you wanted - but unless you do wish to use some of the proceed sto pay for your mother's care all you can do is wait it outPlease ask if you need further details
Customer: replied 1 year ago.
Thanks, ***** ***** seems so unfair, she has lived there rent free, I had to pay the mortgage and because of that I couldn't afford to buy a house for myself and now I am a pensioner and still paying rent!
Expert:  Clare replied 1 year ago.
Yes you have very much been the one to lose out I am afraid
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