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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24626
Experience:  Senior Partner at Berkson Wallace
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I've applied for the right to buy from my local council in a

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I've applied for the right to buy from my local council in a property I've lived in for 23 years with my son.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Oops!
JA: Where is the property located?
Customer: Yes I've submitted the form. I've also applied for an AST with my partner in a bigger house because we are overcrowded. My 23 year old son will stay in the flat but hes not on the tenancy despite living there since birth. They wont let me put him on the tenancy without cancelling the current tenancy and starting a new one. The council property will be my principle home, we are moving temporarily to give my son space. . I just want to know if its OK to have my name on both places while I under
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Go the process to buy The property is in Hackney London

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

To clarify -

Why are you are moving out of the property you are buying because it is too crowded?

and who will be paying the mortgage?

Customer: replied 18 days ago.
I moved in at 16 as a single mum. There are now 5 of us in a 2 bed. I met a new partner 12 years ago and have had 2 nore children. Hackney wouldn't rehouse us. We also couldn't get a swap. I applied to buy twice before both times there were issues because I just became self employed and because they said my partner wasn't on the application so he couldn't go on the mortgage. I only recently realised this was untrue. I did put him on the application. I run a business now but can't concentrate around the children. All 3 share a bedroom. 23, 8 and 6. The new place has space for an office to grow my business. My son needs to stay in London for work. Hackney would make him homeless if I didn't exercise my right to buy.
Customer: replied 18 days ago.
Me my partner and my son will all be on the mortgage

Surprising though it may seem, there is nothing to stop someone having local authority housing and even owning another house.

But what you can’t do is move out of the local authority house and let it to someone else.

So there is no problem with it provided you remain in the local authority house

Customer: replied 18 days ago.
Oh thats amazing. No, no intention to let out the property, just for my son to remain. Im ex CPS so checked out some case law with a woman who moved for work and left her council property empty, when she was reported by neighbours she exercised her right to buy but was refused on the basis it couldn't be proved to be her principle residence. Similar situation happened with twins who stayed 5-7 days a week at their respective boyfriend's houses but held on to their LHA tenancy. I believe they also lost their case. So there is no law to say that the AST I take on MUST be my principle residence?

You must continue to live in the local authority house.

You may find that the landlord or the agent will not let you have a tenancy in your name unless you are an occupier and they may insist that whoever is in the property is on the tenancy agreement or as a permitted occupier.

Don’t be at all surprised if they insist that the occupier is the tenant although you could go as guarantor

Stuart J and other Property Law Specialists are ready to help you
Customer: replied 17 days ago.
Thank you for your help. I spoke with the RTB team and it appears that splitting of households due to overcrowding is something that wont necessarily affect my application as long as they are made aware of it. Thanks so much for your help.