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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To leave a council tenancy after 13 years

65 replies

trashcanjunkie · 01/10/2017 09:35

The back story - 13 years ago, during an awfu time in my life, I was evicted from a private rental when my partner of five years left me for another woman. At the time I had an eight year old and was pregnant with twins. I got housed by the council in a three bedroom 1st floor flat in a really cool area close to the city centre. Fast forward thirteen years and the twins are 12, eldest left bed elsewhere and I got married this year to a lovely man. We both have good jobs, with potential to move up the career ladder. For me this is really recent. I'd planned to buy the flat I'm in at some stage, but increasingly it feels wrong. Personally, although we would receive a 40% discount due to years I've lived here, we will need to stay for another three years before we are able to legally sell or rent it out. The flat is too small for a family of four. There's no outside space and the kitchen is six by four foot, bathroom similar. There's only one room to use for living/dining. If I buy this year, the children will be almost 16 before we think about sizing up. It's been the plan since before I met my husband to do this, basically to make money on the place. It says occurred to me that I can just leave this tenancy and we can look to buy a bigger house. My husband has a property he rents out. It's still on his normal mortgage as it's been less than a year, although we will be changing to a more suitable mortgage. I want to use some remortgage money as deposit
On a new place. Morally this feels right. Or aibu?

OP posts:
GruffaIo · 01/10/2017 12:28

Iamagreyhoundhearmeroar: "But they won't allow you to buy it if you already own a property... Having it in your DH's name is irrelevant."

If this is right, then you have no moral dilemma. You couldn't buy your flat anyway. I'd check this first before anything else.

Hovens · 01/10/2017 12:31

Laulau79 I did tell the housing office about my husband's property but they told me it didn't affect the RTB as I was buying my flat in my name. I've never changed my name on marriage, don't see the point.

HateIsNotGood · 01/10/2017 12:31

I'm not sure that you are actually still entitled/eligible to social housing if you own property elsewhere, which as a family you now do - the one your DH owns which he rents out. Presumably he lives with you in the flat and therefore benefits from the less than market rent. Is that property suitable for your family?

Time to let the flat go now, for another desperate family that needs it, and buy somewhere big enough for your family now. Congratulations OP, you have made it through the toughest times and life looks good now. Enjoy.

MrsPicklesonSmythe · 01/10/2017 12:37

There's nothing illegal about renting out a rtb property. I even have a landlord license from the council for it. Maybe rules have changed in recent years but it's very much legal.

Starlight2345 · 01/10/2017 12:37

You have £28,000 of debt between you Shock

I am not sure you would get a mortgage

Iamagreyhoundhearmeroar · 01/10/2017 12:40

Seriously, MrsPickleson? The Council not only allow you to move into different accommodation whilst retaining your tenancy (and actually renting it out to third parties), but have confirmed your right to buy?

MyDcAreMarvel · 01/10/2017 12:41

Op buy the flat, you won't get a joint mortgage to buy anywhere else based on your dh debt.
You may just get a mortgage on your own to buy the flat with £8k debt - although pay off as much as possible first.
Your dh owning a property is irrelevant as you are t on the deeds it's not yours.

BeatriceBeaudelaire · 01/10/2017 12:44

If it’s in London ... you’ll need the extra flat sale money

ChardonnaysPrettySister · 01/10/2017 12:44

Selling off council property when there is a shortage is so ridiculous.

EezerGoode · 01/10/2017 12:45

You should let it go to a family who needs it...one day yr children as adults with their own families may need a council house...how will they get one if they have all been sold off ??

MrsPicklesonSmythe · 01/10/2017 12:46

Hold up a minute, who said I had two tenancies?
I bought a property through rtb, completed, moved out a whole later and am now renting it out.

I did everything by the book. It's legal to rent out a rtb property once you own it.

Laulau79 · 01/10/2017 12:49

I maybe wrong but I thought you had to inform the councils RTB team before sub letting & then pay councils sub letting fees

The RTB is supposed to enable people to own their own homes not make money

gamerchick · 01/10/2017 12:50

FFS council tenancies are not like fucking gold dust everywhere. Or are we in London again like usual?

It's a good way to get on the housing ladder if that's what you want OP.

Laulau79 · 01/10/2017 12:55

I’ve got the RTB but I couldn’t bring myself to do it, I’d feel too bad about depriving someone of an affordable home & the council losing decades of rental income

MrsPicklesonSmythe · 01/10/2017 12:56

No you're not totally wrong laulau, it depends very much on the policies in place for that council, and whether it's freehold/leasehold is my understanding. In my borough they are trialling a landlord licensing scheme whereby you pay them a fee and hand over all related details.

As I said, I fully expect people to disagree with it but it's not illegal and if you find yourself in that position it's down to you if you take the opportunity or not. I did.

specialsubject · 01/10/2017 12:57

I salute you if you actually don't buy it. Right to buy is why there are so few council houses, but the financial incentive is so strong that you would probably be one of very few.

Something in the paper a couple of weeks back about a 90 year old trying to get a mortgage to RTB her council place. She and her husband had decided not to do so, many years ago. She was surrounded by her adult children who were very keen to help her buy it. Wonder why?

AnnieAnoniMouse · 01/10/2017 13:00

I, personally, don't think social housing should be sold. Not at all, not to anyone.

However, given it is, my advice would be to buy the council flat & keep that ring fenced for your future security. Not marital property, just yours. Your DH can do the same with his.

There are too many unknowns here to give you any more advice really.

However, a three bedroom flat should be just fine for a married couple & 2 kids. You need to get your finances sorted, so I wouldn't be looking to pay out more on housing than you currently are.

Laulau79 · 01/10/2017 13:00

Fair enough MrsPicklesonSmythe
My council say you have to wait three years before selling or renting out & you have to inform the RTB team & pay sub letting fees.
Good luck to ya

stopfuckingshoutingatme · 01/10/2017 13:02

I guess the morallly right thing is to let it go back to the council and to those in need OP

x2boys · 01/10/2017 13:03

GrinGringamer it's all about London and your right I got my house within a few months with absolutely no priority .

5rivers7hills · 01/10/2017 13:06

Stay out. Buy the flat.

You don't earn that much and you've got shit loads of debt between the two of you.

trashcanjunkie · 01/10/2017 13:55

Ok I'm going to properly look into it. I will report back.

OP posts:
Laulau79 · 01/10/2017 14:16

I’m going to look into it too OP, friend has just said I’ve paid more in rent than what it cost the council to build,
Don’t feel so bad now thinking in those terms the council paid £50k to build I’ve paid over £60k in rent the RTB will be about £50k

GreenTulips · 01/10/2017 15:42

I can't see many people actually giving up £48K discount plus in another 3 years it may well have increased again.

The rules are there whether you like it or not - look at the Air BNB council homes rented out to holiday makers - or sub let to students or over sublet to just about anyone.

At least OP has lived in her property

HateIsNotGood · 01/10/2017 19:29

I suppose if you want to be 'moral', DH could insist that he only rents out his property to HB tenants, even better that the tenants need to rely solely on benefits as their income. He might need to pay a little more for Insurance, etc but almost completely worth when he tells his Letting Agents and their jaws drop to the floor!

I don't completely see how you manage to completely separate yours and your DH's 'financial' lives when legally they are now entwined irrespective of what surname you use. I think you know that really and know that you aren't entitled to social housing when you (or your marriage) own another property.

And, with a joint income of £50+k, paying only £400pcm in rent you can now pay off that joint £20+k debt, hopefully amassed prior to living together.

Rightly or wrongly, probably best to buy the flat, as you need to move swiftly in some direction before the Housing Authority (Council) cotton on to your actual situation and repossess the flat for a needier family than you.

I do actually sympathise with you a bit, although there has never been a DP or DH, I left the 'security' of a social housing tenancy after 10 years (which me and ds went through years of shit to get)
because we were ready to and it has worked out so far. It felt like jumping off a precipice.

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