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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14464
Experience:  I have been practising for 30 years.
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I was wopndering if you could advise how someone who is

This answer was rated:

Good Morning, I was wopndering if you could advise how someone who is living in Local Authority housing will be affected if they are gifted a 50% share of an overseas property that is worth EUR40k - the share would be equivalent to EUR 20k. Would they still be entitled to live in the local authority housing?
JA: What steps have they taken so far? Have they prepared or filed any paperwork?
Customer: None to date
JA: Where is the property located?
Customer: France
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thats all at the moment

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

can you give me all the background to your question -

who is the giftee?

is this an inheritance?

all relevant info please

Customer: replied 2 day ago.
Good Morning - so the the giftee is my mother - she wants to gift the property equally to my brother and I. I am a homeowner and my brother lives in a council property. I am aware that i will be taxed for second property SDLT should i move from my current UK residence to another if we still hold the property in France at the point of me purchasing, however my query is more to do with my brothers position - would he be required to leave his council property if he becomes a 50% owner of a property abroad?

There is no restriction on anyone acquiring a second property when they live in local authority housing. The reason I this is that the question cropped up about 8 weeks ago and I knew the answer (also I thought) so I checked up. I was wrong.

This house which you have inherited, abroad or UK, will not have any bearing on your local authority tenancy.

Can I clarify anything else for you?


I am happy to answer any specific points arising from this.


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Thank you.


If you still need any points clarifying, I will still reply because the thread does not close.


Best wishes.



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