Giving up council home to move back in with sick mum

[MrsBCup]

My mum is 66 and had an eye operation to remove cataracts that went wrong so she has very limited sight now and struggles. I'm 27 with two children and I'm having to spend a lot of time staying at hers to help. I would say I'm only sleeping at mine one night a week.

The kids have their own bedroom at mums and I have a bedroom.

Would it be sensible to give up my council flat to move back in with mum full time until she's better and then private rent as I'm guessing I won't get another council place?

[MereDintofPandiculation]

She would. It would be seen as deprivation of assets, and any financial assessment would be made as if she still owned the house And it could be even worse - she could be treated as if she had in her bank the market value of the house - so instead of it being taken into account only when she needed to go into a care home, it would be taken into account if she needed carers coming into her home.

[Soontobe60]

@Depechetoi
Are you always this stupid? You said your dp BOUGHT his council house, and now rents it out. That's a whole world of difference from subletting a council tenancy!

[MereDintofPandiculation]

Can your mum transfer ownership of her house to you? That way she won't lose it

She would. It would be seen as deprivation of assets, and any financial assessment would be made as if she still owned the house. LAs are getting very hot on this. They wouldn't be able to force the OP to sell the house, but her Mum would be left as a self-funder, so in practice OP would sell the house or use her own savings to pay for her mother's care.

And unless OP retained the Council tenancy (difficult if she owns another property) she'd be left homeless on the sale of the house.

[BlouseAndSkirt]

Can your mum transfer ownership of her house to you? That way she won't lose it
She could unless the OP actually lived there with her.
Plus the OP would lose her council flat if she owns another property.
And doing it ‘just in name’, her Mum would lose her council tax discount.

Depeche you realise that actually neighbours could well have reported your Dp’s tenants, but the council would have ignored it as he has bought. He wouldn’t even get to hear of it.

I know if lots of people who have been reported to the council be jealous people desperate for a flat themselves or for family.

Anyway, the main point is: if the OP’s Mum has been left so vulnerable she is entitled to support by carers.

[hatgirl]

Your mum's local authority will be able to offer support and equipment and adaptations for her visual impairment. I'd try there first before uprooting your entire life.

[WifOfBif]

It’s actually a housing benefit rule that you stay at the property a minimum of three nights a week, but you’re unlikely to be caught unless someone reports you. That is assuming you claim HB and don’t pay your rent yourself.

You can’t sublet your council flat, you would be at risk of losing your tenancy if you did that.

Don’t give up your council flat, secure tenancies are like gold dust.

[74NewStreet]

Depechetoi. You sound ridiculously aggressive for someone talking pure rot.

[Supersimkin2]

No.

[user1471449295]

For the posters saying no one will report OP for not staying in her social residence: I am an ex social housing employee, and dealt with so many anonymous tip offs regarding non-occupied dwellings. Theses people were investigated both by social landlord and local authority for fraudulent housing benefit claims etc. It DOES happen. Frequently. Those to be found not using the property as their main residence had repercussions ranging from warnings, to benefits being suspended, to evictions.

[shinynewapple2020]

Whatever you do please ignore depechetoi's advice about sub letting. You really could get into trouble if you did this, totally stupid advice.

[daisypond]

@Depechetoi
Of course they find out if people sublet a council tenancy! Have you not seen any of those TV progs where they investigate? It might take some time, but they do find out in the end.

[JKScot4]

You do know you are quite rude, there is a difference between rented and bought, bought you can’t lose your tenancy! I think you’re the one with comprehension issues.

[Depechetoi]

No one will find out. That's what I'm saying. Doesn't matter if its council rented or been bought. Comprende?

[JKScot4]

I do GET it, I said similar above but you said your DP bought his flat which is completely different from rented.

[Depechetoi]

JKScot4

You dont get it. Nobody is asking the new tenants if they're renting from the council tenant. Dont you understand? Nobody asks those questions, nobody reports that stuff. Nobody is such a jobs worth that they know the status of someone occupancy in a council/ex-council home

[JKScot4]

@Depechetoi
That’s entirely different; it’s a privately owned property not council 🙄

[TorkTorkBam]

Can your mum afford to have carers come in to help her a couple of times a day until she is better?

[Depechetoi]

The council will find out of someone reports that the house isn't occupied most of the time

Nobody will do this. My partner bought his council flat and rents it on the market. Nobody has reported his new tenants for living there.

[BernadetteRostankowskiWolowitz]

The under occupancy barrier is really low though- it's something like 28 days in a row.

[Missillusioned]

Secure council tenancies are like gold dust! Do not even consider giving it up. If your mum needs care in the future having signed the house over to you there is no limit to the number of years the council can go back to reclaim a house so you and your children will lose your home. The 7 year limit is for inheritance tax only.

In any case as you have siblings, your mum would be unlikely to sign the house over to you as sole owner.

This would be a very reckless move

[saraclara]

The council will find out of someone reports that the house isn't occupied most of the time. Neighbours with friends or family at the bottom of the waiting list might well not be impressed.

[JKScot4]

Honestly the nonsense here, councils don’t go about checking who is in what house how many nights a week 🙄 They’re strapped enough as it is.
OP can you contact your local REACH team and see what assistance is available for your mum? Do not give up your council house.

[Depechetoi]

Who is going to keep tabs on how long you're at your council property anyway. How can the council find out?

[Depechetoi]

Can your mum transfer ownership of her house to you? That way she won't lose it

[saraclara]

Explain to your siblings that you can't be with your mum all the time, or you risk losing your home due to not occupying it enough. Ask them to take turns being with her over a weekend so that you can keep your own situation secure.