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council property joint tenancy

  • 15-03-2014 2:48am
    #1
    Registered Users, Registered Users 2 Posts: 32


    Hi I currently live in a council property with my niece we are joint tenants, when the new tenant purchase scheme comes out I wish to purchase the property however I don't think she will agree to this do I need her permission in order to buy?


Comments

  • Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    If joint tenants means what I think it does, then yes.


  • Registered Users, Registered Users 2 Posts: 32 Martin_B1886


    If joint tenants means what I think it does, then yes.

    I was hoping there was a way around it. Someone in the same position who worked out a way


  • Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    The only way around it is for her to give up the tenancy.

    If you buy, then what living plans do you have in mind for her???


  • Registered Users, Registered Users 2 Posts: 32 Martin_B1886


    The only way around it is for her to give up the tenancy.

    If you buy, then what living plans do you have in mind for her???

    Can't imagine her doing so our relationship isn't great since my father passed. I work full time and pay the bills and rent as she has no income but if I bought the property I would get a lease drawn up and she could rent back from me paying just her share of the bills she is 19 I want to buy my family home and keep it in our family I don't want to put her out


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    Were you's actually housed together or did one move in to help out


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  • Registered Users, Registered Users 2 Posts: 32 Martin_B1886


    Gatling wrote: »
    Were you's actually housed together or did one move in to help out

    It was my fathers tenancy we both lived there i myself 26 years and she 19 when he died the council gave a joint tenancy in our names


  • Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭MouseTail


    Can't imagine her doing so our relationship isn't great since my father passed. I work full time and pay the bills and rent as she has no income but if I bought the property I would get a lease drawn up and she could rent back from me paying just her share of the bills she is 19 I want to buy my family home and keep it in our family I don't want to put her out

    She would be crazy to agree to that. She has security of tenure now, why on earth would she surrender that?


  • Registered Users, Registered Users 2 Posts: 32 Martin_B1886


    MouseTail wrote: »
    She would be crazy to agree to that. She has security of tenure now, why on earth would she surrender that?

    If I leave the house and buy somewhere she will lose the house. Her only income is a college grant she cannot even sign on for social welfare she is a single 19 year old if I leave I can only imagine she will have to leave also


  • Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    Ok, if she's only 19 that puts it in a different light. Security of tenure may not mean so much to her.

    Bottom line, she can choose to let you buy this, and maybe stay. Or she can refuse, and have you go and buy somewhere else. Then her rent would be adjusted to match the new household income, so become very low .. but she would have to work to get money for bills.

    If you really want to buy it, then I'd suggest working on the relationship with her.



    (Personally I think it's nuts that the council let you inherit the tenancy, but that's a whole different thread!)


  • Registered Users, Registered Users 2 Posts: 32 Martin_B1886


    Ok, if she's only 19 that puts it in a different light. Security of tenure may not mean so much to her.

    Bottom line, she can choose to let you buy this, and maybe stay. Or she can refuse, and have you go and buy somewhere else. Then her rent would be adjusted to match the new household income, so become very low .. but she would have to work to get money for bills.



    If you really want to buy it, then I'd suggest working on the relationship with her.



    (Personally I think it's nuts that the council let you inherit the tenancy, but that's a whole different thread!)

    Why is it nuts I have spent my entire life at this address my father died suddenly why wouldn't I be allowed stay? The council may remove her because there is too many rooms the house outweighs her needs and rehouse her to a more suitable property either way we both lose I'd like to keep that house in my family we have been 60 years there


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  • Registered Users, Registered Users 2 Posts: 32 Martin_B1886


    I might add she had no interest in living in this house for the last three months I start making moves to purchase the property and she decides she is moving back in.


  • Closed Accounts Posts: 509 ✭✭✭Kelly06


    Hi op,

    Would you contact the sales scheme section of the housing department of the council to discuss what your options are? They might be able to advise you, I'm sure they have heard it all before.

    There is no tenant purchase scheme at the moment as the closing date to complete purchases for the last scheme was extended to the summer. No new applications will be taken until a new scheme is announced.

    Have you really thought this through?! You are 26 you could meet someone and start a family and then you will own property with your niece who probably won't want or be able to buy you out and you will be responsible for paying a mortgage with her. As it is you are paying for the roof over her head and the utilities she is using and she doesn't seem to appreciate it at all!


  • Registered Users, Registered Users 2 Posts: 32 Martin_B1886


    Kelly06 wrote: »
    Hi op,

    Would you contact the sales scheme section of the housing department of the council to discuss what your options are? They might be able to advise you, I'm sure they have heard it all before.

    There is no tenant purchase scheme at the moment as the closing date to complete purchases for the last scheme was extended to the summer. No new applications will be taken until a new scheme is announced.

    Have you really thought this through?! You are 26 you could meet someone and start a family and then you will own property with your niece who probably won't want or be able to buy you out and you will be responsible for paying a mortgage with her. As it is you are paying for the roof over her head and the utilities she is using and she doesn't seem to appreciate it at all!

    I don't want to buy with her. I want to buy on my own I simply need her permission I am going to the council Tuesday morning, I know the scheme isn't in place right now but I want to try get a bank to give me the money first I have a good job, secure make good money and have regular savings I am the complete opposite to most of my family I would rather not lose the house simply because of her


  • Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    Why is it nuts I have spent my entire life at this address my father died suddenly why wouldn't I be allowed stay? The council may remove her because there is too many rooms the house outweighs her needs and rehouse her to a more suitable property either way we both lose I'd like to keep that house in my family we have been 60 years there

    Normally, councils don't let family members inherit a tenancy, because usually there are people on the waiting list who need a family home more than the kids of the person who died.

    My guess is that in your situation, there are some extra factors which made them decide to re-allocate the house to you and your niece, rather than to the next people on the list. The family having been there for 60 years will not have been ones of those factors.

    Now - fair play to you for doing well and making a better life for yourself and your future family. But just a warning that those extra factors may worry a bank. Make sure you have a plan to address them.



    Also, here's a thought: if your niece was only interested in living there when she got wind that you were interested in buying, then the chances are that she might lose interest again if it looks like you cannot buy. If she were to move out, and you had proof that she's moved out, then perhaps you could report her to the council for abandoning the tenancy, and you may stand a chance of getting her removed from the lease. I don't know if this would work, but it's a possibility.

    Another possibility is that if she were to meet someone and want to start a family of her own, she probably won't want you living in the house. But they won't qualify for a council tenancy on their own behalf if they're adequately housed (which she is). So longer term, it may actually be better for her to move out and go on the waiting list again.

    Worse case, you may just have to buy her off - which is what she's probably hoping for. Ie you pay her a certain amount to give up her tenancy rights.

    Overall, I don't think it's impossible, but it may take a bit more working through than you'd hoped.


  • Registered Users, Registered Users 2 Posts: 32 Martin_B1886


    Normally, councils don't let family members inherit a tenancy, because usually there are people on the waiting list who need a family home more than the kids of the person who died.

    My guess is that in your situation, there are some extra factors which made them decide to re-allocate the house to you and your niece, rather than to the next people on the list. The family having been there for 60 years will not have been ones of those factors.

    Now - fair play to you for doing well and making a better life for yourself and your future family. But just a warning that those extra factors may worry a bank. Make sure you have a plan to address them.



    Also, here's a thought: if your niece was only interested in living there when she got wind that you were interested in buying, then the chances are that she might lose interest again if it looks like you cannot buy. If she were to move out, and you had proof that she's moved out, then perhaps you could report her to the council for abandoning the tenancy, and you may stand a chance of getting her removed from the lease. I don't know if this would work, but it's a possibility.

    Another possibility is that if she were to meet someone and want to start a family of her own, she probably won't want you living in the house. But they won't qualify for a council tenancy on their own behalf if they're adequately housed (which she is). So longer term, it may actually be better for her to move out and go on the waiting list again.

    Worse case, you may just have to buy her off - which is what she's probably hoping for. Ie you pay her a certain amount to give up her tenancy rights.

    Overall, I don't think it's impossible, but it may take a bit more working through than you'd hoped.
    Thanks I feel my question has been answered


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    It's a strange one ,

    Frankly I'd let the council take the house back ,

    Despite your family having a long time in the house maybe it's time it went to a family in need ,


  • Registered Users, Registered Users 2 Posts: 32 Martin_B1886


    Gatling wrote: »
    It's a strange one ,

    Frankly I'd let the council take the house back ,

    Despite your family having a long time in the house maybe it's time it went to a family in need ,

    And make myself homeless. Completely unrealistic answer to the problem.


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