Disabled facility grant?

[AnObviousNamechanger]

Sorry for the namechange, thought it was best as I am mentioning other peoples personal circumstances.

Hoping someone can help me. I have recently had a meeting with someone from the 'care & repair' team, in regards to an application for a DFG.

We have had several visits from an OT who has referred us for a DFG for adaptations to our home due to the needs of one of my DC.

We rent our property from my DH parents, who live in tied accommodation with their job. We are proper tenants with the appropriate tenancy agreements and paying a market rent.

Now I was under the impression that we would be applying for the DFG as tenants, however the lady from ?care & repair? told us whilst filling out the forms that the application would have to be in my PIL's name and then went on to talk about a charge being put on the property should we move out within 10 years.

This has left me rather worried and wondering whether to progress with the application. Whilst we have no intentions of moving out (not sure we would ever find such understanding landlords again), my PIL's are 60 & 62 and this is their only property. As I mentioned before, they live in tied accommodation with their job, but they are both nearing retirement age.

My PIL?s have stated on many occasions that they don?t intend to ever move back into the property and that we shouldn?t worry about having to move out any time soon. However being a realist, I know that this isn?t actually set in stone and that as they don?t have another property or any savings to speak of, that when they retire they may well have no choice but to move back and us to have to find somewhere else to live.

I couldn?t ask for better PIL?s and really don?t wish to put them in a situation where they potentially have some sort of charge put against their only real asset, because we had the local authority fund some adaptations and then a few years down the line had to unexpectedly move out. I know that they will happily sign the declaration stating that we will remain in the property for at least the next 10 years and I know in their hearts they believe this, however I also know that in my head, circumstances may dictate that this isn?t possible.

So that being said, does anyone know what this charge against the property means in real terms and if unforeseen circumstances (such as my PIL?s being made unemployed and therefore losing their accommodation) or circumstances beyond our control would likely be taken into consideration if it ever came to it?

I know I sound like an awful worrier, however as I said, my PIL?s are absolutely amazing and I really don?t want to inadvertently put their financial future in any form of possible jeopardy.

Thanks for any advice you may be able to give me.

I thought it was 5 years you had to agree to stay. I could be wrong though...

The form did say 5 years, however when filling out the forms this was then crossed out and replaced with 10 years.

We were told this is the new term of the grant, although I'm not sure if this is just for my local authority or not.

We had one done this year and it is now 10 yrs:(
Presumably to dissuade the people who move after a few years and demand another DFG (yes I know a family who have done that!)

We asked about the 'worst case scenario' and there are no exceptions.. you move out, you pay.

In your situation I think you'd have to think about whether you could repay the 25k if your PIL had to move into the house you rent.. and perhaps have a legal document drawn up with a solicitor making it so.. that way (hopefully it will never be needed)the PIL are legally protected in worst case scenario.

Is there any way, worst case, they could live WITH you so you wouldn't be moving out??

Thanks for the replys, that is worrying as drawing up a legal document isn't really an option as we are not in the situation to pay that sort of money back either.

I guess the PIL's could move in with us, however having lived with my parents with my DH at the start of our relationship, I know that for us that situation really doesn't work and I would hate to sour my relationship with them as they are more like my parents than my actual parents are.

I can definately see the reasoning behind this clause however it must put a lot of private landlords off applying for a DFG when they can't control if their tenants wish to move out or not and run the risk of being left with a debt or clause against their property?

I guess, I will have to think very carefully on if there will be any other options open to us in a worst case scenerio, although I fear envitably I will have to inform the DFG people that we can't proceed :(