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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:
gamerchick · 01/10/2017 19:46

x2boys

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

It is, it’s every.single.thread people trot out social housing is for the needy and poor people. It gets right on my tit ends Grin

No it isn’t!!!

Tapandgo · 01/10/2017 20:17

Council properties should never have been sold off in the first place - surprise surprise we now have an affordable housing shortage! However - given that they are, you are legally entitled to buy it and you should.

MyDcAreMarvel · 01/10/2017 20:24

You are not financially linked to a spouse unless you have joint finances. I.e. Joint bank account, mortgage etc.

Theresnonamesleft · 01/10/2017 20:41

But surely the op would be financially linked because she would have declared to council tax she's no longer eligible for the discount.

HateIsNotGood · 01/10/2017 20:43

MyDc, happy to be corrected on that but it seems to matter when people get divorced. I think that the OPs situation as described thus far does exclude her from a 'social housing' tenancy. There may well be a 'grace period'that can (and is) be applied to OP.

One of the questions universally asked on application is "do you or your spouse own any other property?".

MyDcAreMarvel · 01/10/2017 20:45

No you are not financially linked if you share a tenancy.
Hatels for the initial tenancy yes, but you don't lose it because circumstances change and you marry someone with a property.

MyDcAreMarvel · 01/10/2017 20:47

From Experian:
What are Financial Associations?

You are financially associated to someone if you have a joint account or mortgage or made a joint application with that person. However, living together or having both your names on a utility bill does not make you financially associated. Neither does being a business partner with someone.

Examples of a financial associate:

A person you have a joint credit card with

A person you have a joint bank account with

A person you have a joint mortgage with

A person you have a joint CCJ with

A person you make a joint credit application with

Examples of who is not a financial association:

Someone you live with

Someone who used to live at your address, either with you or before you

Someone you have/had a utility account with (e.g. gas/electricity or phone bill)

A partner, spouse, or relative, if you live with them but do not share any credit accounts with them.

ivykaty44 · 01/10/2017 20:55

The RTB has enabled people to buy properties and become LL instead of the council being LL and then the council pays HB to those RTB LL instead of themselves - and the rates are a good deal higher

CaptainMarvelDanvers · 01/10/2017 20:57

If you need a bigger place, can't you do a house swap with someone who wants to downsize?

BritInUS1 · 01/10/2017 21:06

You need to speak to a professional

Your DH needs to inform the mortgage company he is renting the property out. He also needs to make sure he has adequate insurance if it is a buy to let. He also needs to declare that income and may need to pay tax on it, especially with the changes to buy to let rules.

Regarding your flat, you don't have a deposit and you have debt. The debt will affect the amount you are able to borrow. How will you get the deposit together? How will you clear the debt?

Andrewofgg · 01/10/2017 21:06

Fishcalledlola You say In our area the council ask for first refusal to buy the property back at full market value but do they have to buy if offered and if not how long do they have to decide?

If the answers are Yes to the first question or No to the first question but Not long, certainly not more than fourteen days to the second that sounds like a fair deal to me.

HateIsNotGood · 01/10/2017 21:11

Ok, I stand corrected on the "financial association" but under 'social housing' regs/law etc I think the criteria might be different.

If it isn't, then that would be one of the many reasons that 'Lifetime Tenancies' are slowly ending. It needs to be slow as so many tenants (many now elderly) became tenants when your council house was a home for life and often your children and grandchildren's lives. They also built them bigger and more enduringly in those days too; even the prefabs (I've lived in 3 of those) - not the galley kitchens with only one other room to eat/everything else in. Like OP's flat.

It isn't just RTB that has increased the social housing crisis, many other factors come in to play too. And as many posters have described social housing availability isn't a crisis everywhere.

That is something to add to the mix too - the North/South divide.

HateIsNotGood · 01/10/2017 21:15

Forgot to say and to add to Brit's informative post - maybe a way round the 'property ownership' thing could be if DH forms a Ltd Co to 'own' the BTL property.

Theresnonamesleft · 01/10/2017 21:21

If there is no financial association how does tax credits play into this as well? Both incomes are taken into consideration. Same with married tax allowance thing.

MyDcAreMarvel · 01/10/2017 21:50

Tax credits are just two people's separate finances forming the family income.

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