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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have lived in my council property for almost 30 years it

Customer Question

I have lived in my council property for almost 30 years it has been my main and only home. I have attempted to purchase it throughout the years but it always has been to much or my career has not been secure. Always with the intention to purchase I have spent a lot of money on it, single parent unsupported with four children who father did not financially support them. nine years ago my Mother sadly passed away. She left a small bungalow and verbally asked me to keep half of it for my oldest son, when he was sensible enough Initially due to being in debt I did try and sell it, but he became so distressed, I agreed to re-mortgage my half and put a tenant in to pay my mortgage. He was happy with this and when older I would offer to sell so he could have the money but he continues to say no please keep the house because m y plan is to return to England. He is not in a position where he could take over and have his name on the morgage yet so I cannot put his name on the house as far as I am aware. I was thrilled when able to purchase my long term home via council right to buy and the contracts were exchanging, however it delayed and delayed I received strange calls saying the housing association wanted to take calculation of their housing stock and then calls to say I am being monitored they know I do not live in my home - I have never lived elsewhere but the children's father who lives half a mile up the road is terminal and needs assistance so I assumed it was due to this and sent them details of his health needs and proof that I am at my home. However despite this proof the telephone call I had today was weird and stated they wanted my bank statements??? everyone knows I live at m y home as I live in a small village and I am now wondering if my purchase is to be impacted by the house that my mum left?? which I have nothing and is verbally my sons. I am devastated I love my house and I have worked so hard to try and purchase it all these years, I am now a qualified social worker and took myself to uni to qualify whilst caring for my small children, alone and unsupported to ensure one day I could own my home. Can you please advise I am very confused, the gentleman I complained about the hold up to was talking about fraud, I have done nothing fraudulant and in the right to buy information it states you can purchase if it is your main home and it has been for 30 years, can you assist please.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What does your tenancy agreement say about owning other property?
Customer: replied 3 years ago.
I have right to purchase has long as my main home
Expert:  Clare replied 3 years ago.
I am aware of that - but looking at your actual tenancy agreement what g=does it actually say about you owning other property and remaining a council tenant
Customer: replied 3 years ago.
Iiiiii don't know has I am an original Maldon counci tenant after came plume housing association then another then most homes. However in reality I remortgaged my half of the property and outstanding left approx 80'ooo I had put in writing and signed should go to my son who had lived there. He wanted to retain ability to one day move back and live there. I did not know how else to release the equity in my portion. His nan left it to me and asked that I give him a portion
Expert:  Clare replied 3 years ago.
You are entitled to ask for a Copy of the existing tenancy - and should do so as soon as possible.
It is possible that there is a provision that owning another property has changed the status of your tenancy - it is hard to tell without see the actual Tenancy agreement
I am afraid that IF that is the case then unless you sell the property then it may well be possible that you cannot exercise the Right to buy
However please remember this is at best an assumption based on what I know about other Council tenancies - and they are NOT all the same
So ask for a copy and otherwise carry on as you are doing