In rented housing supposed to be sold according to will, WWYD?

(35 Posts)
SurpriseMuffins Sun 28-Jul-13 10:37:15

Apologies in advance, long back story!

We (DD1, DD2, DD3, DH and I) moved into my mum's house about 4 years ago when she went into a care home, to part pay for the nursing home costs. We moved in on the understanding that we would either have the house for either 6 years or longer because if the money in her bank account depleted totally then care costs would have to be paid by sale of the house immediately when she died (I am being objective here, sorry if it comes across as callous).

It turned out that complications took mum from us earlier than this, and we had discussed that my brother would buy the house and we would be able to stay for 20 years, or until such time as the older DDs moved out and we wanted to move to a smaller property.

This all sounds very cushy, and it would be, as the rent is within Housing Benefit costs and other houses available for this little are down streets where there are several boarded up windows and have dire reputations for anti-social behaviour.

To put it simply, we were overjoyed that we could stay, we have built our lives around knowing we could stay here...even when/if DD1 and 2 went to uni we would've scrimped up enough money to pay the bedroom tax that would mean we could give them a home if they wanted to come back.

But it has all fallen through...not only has my brother lost his job, but one of my sisters wouldn't sign the paper saying he could buy it, allegedly because it named his wife as a beneficiary so that she could be on the deeds as a safeguard.

DH has fallen apart, he is giving up on the garden and his allotment, which have taken him years to build (greenhouses, chicken enclosure and coop, cold frames, sheds and more) and trees that we'll never see bear fruit, not to mention him losing the network of friends he's built up at the allotment, most of whom he's helped out over the years too. He seems depressed. He's already ill and has been (back and joint problems suspected due to Ehlers Danlos) for over a year, but he hasn't let it affect him. now he seems to be giving up and it's breaking my heart.

Is there some sort of charity that will buy the house and accept us as sitting tennants?
I would forgo my share of the proceeds of the house if it would make any difference...I can live without cash.
Hell, I would donate an arm and a leg if it would help!

What the heck can I do? WWYD?

expatinscotland Sun 28-Jul-13 18:50:40

I'd be extremely surprised if an HA will buy a house just to rent it back to you.

SurpriseMuffins Mon 29-Jul-13 15:39:15

Quick update...housing associations will not buy the house, they are all full up.

I am waiting for a call back from another organisation (who CAB put me into contact with), j who might our might not gave any ideas. IMO it's not looking hopeful.

lougle Mon 29-Jul-13 16:33:28

I think you need to be realistic about your options. It doesn't sound like any of your family are now in a position to delay the inheritance they are entitled to.

As you are both out of work, it's unrealistic to think that you could buy them out, so you are going to need to move house.

The best thing you can do is start looking at houses which will meet your needs.

FasterStronger Mon 29-Jul-13 16:54:47

you also need to consider how inheriting cash may affect your entitlement to benefits. CAB should be able to help advise you.

LIZS Mon 29-Jul-13 17:04:39

sorry it does sound a long shot now. I agree you and dh need to reconcile yourselves to moving as a positive option if it were to become necessary . Are there any shared ownerships or affordable new builds in the area which you could buy into with the proceeds or use the capital to pay a deposit and subsidise your hb . If you stay local dh can surely keep the allotment at least ?

expatinscotland Mon 29-Jul-13 18:27:10

Can you use the inheritance as a deposit in a nicer, privately rented home?

Faster has a point, too.

Shared-ownership means a mortgage, which you can't get if you are not in work.

SurpriseMuffins Mon 29-Jul-13 19:21:46

Yes, I realise it looks likely we will be moving. DH is now at least entertaining the idea that it isn't all doom and gloom - I pointed out that while we may be busy moving/decorating a new home, it doesn't mean that the allotment can't be kept minimal and resumed when we have more free time.

He doesn't seem so down now we have some input into the situation so maybe he can come to terms more easily than I thought.

Already thought of the inheritance effect on benefits but not sure where to start. I will do some research now.

One more thing - I won't be able to use the inheritance to pay for any deposit because presumably the house won't be sold until after we move.

lougle Mon 29-Jul-13 19:25:22

The basic issue with inheritance is that if you have capital or cash over £16,000, you aren't entitled to benefits. However, if the capital is tied up in probate, it may not be counted until the cash is released. The Council will help you.

FasterStronger Mon 29-Jul-13 19:36:17

you can use a deed of variation to pass the cash to e.g. your children, but you would need to be very careful regarding Capital Deprivation.

domesticdiva Thu 08-Aug-13 10:00:41

Its sounds like a horrible situation for you, so sorry for you. Im a little confused though since even if your DB or another of your siblings bought your house then its unlikely you would be able to claim HB when you rent from a relative. Im surprised you were able to claim whilst the house was in your DMs name. Hope it all works out for you.

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