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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?

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.

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.

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.

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.

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.

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 ?

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.

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.

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.

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 Sun 28-Jul-13 18:41:52

Sounds like a nightmare lougle
Mine generally last from 3 hours to about 2 days and the fog, as you said, before and after. Also hate that the pain/fog makes me forget things I intended to do (which is why I've made an Acton plan and written it in three places!).

Roshbegosh Sun 28-Jul-13 15:43:15

What sort of work did you and DH do before your migraines and anxiety and his undiagnosed condition? Maybe someone on here can suggest how you could use your skills and work experience now.

lougle Sun 28-Jul-13 15:24:43

Migraine itself is unlikely to qualify, unless you can get medical evidence that you suffer from chronic protracted migraine which gives you care needs.

I do sympathise, I also get migraine frequently and a single migraine can last days, plus the pre/post migraine fog. My longest was 15 days, until I went to A&E, where they injected me with sumatriptan. I now have the injections on prescription.

SurpriseMuffins Sun 28-Jul-13 15:15:14

HeySoulSister I did realise what you meant about the council housing list idea. Back up plan.

Hopefully it won't come to that. I have a plan. I'm going to start by running the Housing Association idea past my family, then tomorrow book an appointment at CAB, then Shelter and whoever else CAB can tell me do housing in my area.

I have told DH already and he seems a bit more hopeful so, thanks everybody smile

SurpriseMuffins Sun 28-Jul-13 15:08:50

Neither of us have applied for PIP because we had assumed we wouldn't qualify. There is no physical evidence of his illness, no diagnosis yet.
I'm not sure migraines would qualify either would they? It's this another thing to investigate?

SurpriseMuffins Sun 28-Jul-13 15:05:36

lougle no I am a dependent of DH, who I do application forms etc for because he is too embarrassed about his writing to do it.

I have tried various medications, only names I remember are Amitriptyline, which didn't work for long, and Propranolol which I am on now. That reduced the severity and frequency until a few months ago when the migraine seems to have stepped up the game. Dosage increased, made no difference.

Regarding the Social Anxiety...I don't know until I get there! It hadn't stopped me from attending courses. Mine is mild compared to what I think most people have. Hanging said that I was also in counselling for General Anxiety Disorder and I get periodically depressed. I sound like a right hopeless case don't I?
I want to work though and have IT qualifications.

I hadn't heard of the clinic you mention, I will have a look into that, thank you.

HeySoulSister Sun 28-Jul-13 12:19:04

So the job centre are needing to see evidence of your job searches

Your health issues won't be recognised by them... Sorry

If you get on the lists it means when house is sold from under you then you have more chance if them helping you as you have dc.

lougle Sun 28-Jul-13 12:15:28

Are you both signed on for JSA? Or just your DH? You can't surely sign on if you have no intention to get a job because of your migraines.

What treatment are you on for the migraines? There are lots of different treatment options which can reduce the frequency and severity of them. The National Migraine Clinic is a charitable organisation who see people with severe/protracted migraines and offers medical advice. It's normally £100 but they do consider financial circumstances.

If you were to reduce the migraines, would your social anxiety still be a barrier to working?

Have either of you applied for Personal Independence Payments (formerly DLA)?

SurpriseMuffins Sun 28-Jul-13 11:52:34

Hecsy neither of us are registered disabled and IME unless it's on paper nobody cares.
CAB is probably best starting point, as they will help with who to contact. Good idea - should've thought of it myself but I've been too distressed about DH I guess.
5 siblings, 3 definitely not, 1 was going to, other...possibly but was the one who wouldn't sign. I may pluck up the courage to ask her!

ImTooHecsyForYourParty Sun 28-Jul-13 11:40:31

I know re mortgage your brother was, btw, but since he can't I meant have you discussed it with any of the others?

SurpriseMuffins Sun 28-Jul-13 11:39:38

Yes we are claiming JSA.

I intend to get on the council list ASAP but the lists are so full I doubt we'd get a look in! currently looking at the HA lists but having difficulty telling which ones serve our area!

ImTooHecsyForYourParty Sun 28-Jul-13 11:38:59

HA suggestion is a good one, I don't know whether they may be more willing to help because of your health issues.

Also agree about council/HA lists.

Have you contacted shelter and the CAB to go through it with them and see what your options are?
Have you talked with your siblings to see whether you can offer a solution that is acceptable to them? Maybe one of them gets a mortgage and your rent covers it?

But its how to ensure that you aren't tying up their inheritance, because they have the right to have it.

If the house is sold then your share would surely pay deposit and first few months rent on it? Time enough to get hb sorted? Even if you have to compromise with a smaller house to get into a nicer area?

HeySoulSister Sun 28-Jul-13 11:21:15

Are you and your DH claiming JSA?

Are you on council/HA lists? If not, get on them.

Roshbegosh Sun 28-Jul-13 11:20:07

Sorry cross post

Roshbegosh Sun 28-Jul-13 11:19:19

You have had as you put it, a cushy four years but in the end people want what they are entitled to IME. Your brother may need his share and there are others in the family. You will get a windfall when it sells and the estate is wound up so that will have to set you up somewhere else. Hope your DH's health improves and he comes through this, sadly for you both, it is just reality. Dare I say it .... could you try to get a job?

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