Hello my name is ***** ***** I will help you.
Do they have any form of written agreement please?Alex
But to be clear, they have never contributed towards the mortgage?They have never made improvements to the property?Do you have a rent book?
Yes. Ideally you should have had a rent agreement and also rent book. This keeps things clear and at arms length.
Has benefit been refused now?
Ok - what do you want to know about the first part of your question, so I am clear. As I dont quite understand.
They need to be satisfied that its at arms length. Therefore if there is a written agreement or rent book then this assists.
The fact that if interest was paid that does mean they could be an interest in the property.
If you disagreed with the decision then you SHOULD have appealed to Tribunal. As you did not the decision stands.
There is no reason why she cant re-apply for benefit and if refused, refer to Tribunal.
Will they have any claim to the property if you want it back - probably not, but if they paid towards interest, this COULD be classed as right, no matter how small
Can I clarify anything for you about this today please?Alex
Yes its possible. Thats why you need an agreement with everything in writing. Alex
My name is ***** ***** I have ben a solicitor for more than 30 yearsIn fact your half sister has no claim on the property following the death of your mother UNLESS in the mean time your half sister has paid for any structural alterations or improvements to the propertyWhilst the council gave the wrong reason for refusing the benefit they would not have paid for it in any event due to the close relationship between you