Right to buy problem

[Clb1960]

Help. Ex was a long term tenant and got full discount on right to buy, daughter took out mortgage for rest, it now 3 years into mortgage and she wants dad move out and get another property to rent. Can she force him out. On mortgage she put it as 99% hers and 1% her dads. He didn’t think there would be a problem as she said he could live there for life.

[Amethyst]

Oh that's really sad. Have you checked the land registry and got the shares detail from there? It's down as tenants in common?

He should have at least the 38% or whatever the RTB discount was.

Does he pay part of the mortgage / rent to her etc ?

Had daughter lived with her dad for at least 12 months before the application for the right to buy? or was she named on the tenancy ?

[Clb1960]

Yes she had lived there for years, he got the 60% discount and she got mortgage, she has the dress. On the mortgage it was all in her name, she put him at 1%. He can’t afford private accommodation so would need go for social housing again.

[Amethyst]

I assume by 'dress' you mean 'deeds' ??

The mortgage is really irrelevant.... your ex needs to go and download the documents from the land registry which should give details of the split of ownership ( as opposed to who owes what to the bank )

https://eservices.landregistry.gov.u...EnquiryInit.do

Does he pay anything towards the mortgage ? Is his name on the mortgage at all ? Really it would have to be else the bank wouldn't have lent on it for a RTB purchase as the tenant has to be on the mortgage and ownership... unless somehow she got that to the 1%. ( I tried to buy my house and they wouldn't allow us to do it in only one name, it had to be both of us on the mortgage as we were joint tenants - so we had to put it off until I improved my credit file )

Was it a joint tenancy between them originally or was she able to jointly buy the house with the benefit of the discount because she had lived there over 12 months?

You definately want to be checking all the documents.

[Clb1960]

She paid mortgage, he paid all bills council tax., electric, gas, tv license, water, sky, broadband , he did paid for decorating, all white goods in kitchen. Usually bought whatever was needed in house apart from her rooms he was paying more than what she paying for mortgage, yes I did mean deeds,

[Amethyst]

Check the land registry as it should say how the house is actually owned - you need to know that first.

[Clb1960]

Both their names are on land registry.

[Clb1960]

He actually pays more each month for the utilities than she pays for mortgage. She pays nothing towards these bills. On land registry it doesn’t give a percentage of ownership, just gives their names as owners. The property is also his place of work, which she also agreed tooo, he is a career for a organisation and the person that he cares for who is under local council lives in the house. Has learning disability problems. He was doing this prior to purchasing property since 1997. She is also wanting that stopped so she to give his job up. His income. As looking at landcregistry and included covenants he would not be able to get social housing.

[Amethyst]

Both their names are on land registry.

On land registry it doesn’t give a percentage of ownership, just gives their names as owners.

Can you type the actual wording from the land reg docs ( excluding names of course ) please. It sounds like they are actually joint tenants not tenants in common so they both have ownership of the whole property.

Is there anything signed in writing between your ex and his daughter regarding the 99%/1% ownership of the house or is this just a verbal thing from the daughter, or just the mortgage documents ?

Need to know exactly how the house is owned to know if she can kick him out. Is she just encouraging ( manipulating) him to move out or is she trying to force him out.?

He needs to get to Citizens Advice asap to find out if he might be able to get an occupancy order to prevent her kicking him out. It sounds like he may be vulnerable and he is at risk of becoming homeless, and losing his employment as a carer... He'll need to take a copy of the land reg docs and anything else in writing he has about this supposed 1% share. https://www.citizensadvice.org.uk/ab...tizens-advice/

[Clb1960]

He doesn’t know anything regarding the mortgage. All he understood from it all is that if she couldn’t meet the payments on the mortgage he would be responsible. She has had a solicitor sort everything. She has all legal information.

[Clb1960]

It just simple really. Ref number. Address if property, price stated. Registered owners. That has both their names on and name of mortgage provider. The rest appertains to housing laws and covenant of 10 years on agreement.

[Amethyst]

Hmmmm. He should get himself to CAB ASAP. Even if he can't get copies of the mortgage docs (and he should be able to as a named party to the mortgage), take as much details as he can to CAB and ask for help dealing with this - it will need to be a sit down and go through everything, make some calls to get documents and work out the exact situation. So far it sounds like they are joint tenants ( so both own the house equally ) and a joint mortgage on the house, and it also sounds like there maybe some financial abuse going on here. CAB will be able to help him sort through things and advise him of what he can do and what his rights are.

Is the 10 years related to offering the property back to the council if you intend to sell ?

All he understood from it all is that if she couldn’t meet the payments on the mortgage he would be responsible.

She really sounds like a star.