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Renting Council Home, but have been left family home in a will.

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  • 05-01-2019 4:57pm
    #1
    Closed Accounts Posts: 655 ✭✭✭


    Hi all,

    Just a quick question for those in the know!

    If somebody is renting a council home, and is about to be left a family home in a will, will their rights change in relation the council home?

    Thanks


Comments

  • Registered Users Posts: 10,022 ✭✭✭✭Caranica


    Hi all,

    Just a quick question for those in the know!

    If somebody is renting a council home, and is about to be left a family home in a will, will their rights change in relation the council home?

    Thanks
    You will have to inform the council of your change of circumstances. You won't be seen as having a housing need unless you have extenuating circumstances (medical etc)


  • Closed Accounts Posts: 655 ✭✭✭Political Wall Map


    Caranica wrote: »
    You will have to inform the council of your change of circumstances. You won't be seen as having a housing need unless you have extenuating circumstances (medical etc)

    So you would more than likely lose the house. Ok no problem. Its not for me im just curious.

    Thanks alot


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


    Chances nothing will actually change , unless the person hands back the keys to the local authorities


  • Registered Users Posts: 6,003 ✭✭✭handlemaster


    Hi all,

    Just a quick question for those in the know!

    If somebody is renting a council home, and is about to be left a family home in a will, will their rights change in relation the council home?

    Thanks

    I would hope that after getting the new house the council house would go to someone who needs it


  • Registered Users Posts: 25,711 ✭✭✭✭Mrs OBumble


    Caranica wrote: »
    You will have to inform the council of your change of circumstances. You won't be seen as having a housing need unless you have extenuating circumstances (medical etc)

    I don't believe that this is totally correct, provided that you are already a council tenant. Once you sign a council tenancy in Ireland, it's for life or as long as you want it - no matter how your circumstances change. The only thing you would have to do is declare the income that you receive from renting out the property or the interest from investing the proceeds (not the proceeds themselves) if you sell it.

    If you are not already a council or housing-association tenant, that's a different ball-game. At the time when you are eventually offered a social house, your means will be assessed again, and at that point they will decide that you're no longer in need of housing so not eligible for the social house.



    Please note: I do not think that this is how things should be. I totally believe that on-going eligibility for the house should depends on on-going housing need. But that's not the legal position in Ireland at the moment.


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  • Closed Accounts Posts: 655 ✭✭✭Political Wall Map


    Fair play for the replies guys.


  • Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Another example of what is wrong with the housing situation in this country.


  • Registered Users Posts: 33,106 ✭✭✭✭NIMAN


    I would hope that after getting the new house the council house would go to someone who needs it

    In an ideal world it would.


  • Closed Accounts Posts: 1,424 ✭✭✭garhjw


    i Presume tax liability, if any, is a factor. Can the beneficiary pay the tax liability? Get a mortgage to cover it or do they need to sell the house to pay the tax liability?


  • Registered Users Posts: 33,106 ✭✭✭✭NIMAN


    garhjw wrote: »
    i Presume tax liability, if any, is a factor. Can the beneficiary pay the tax liability? Get a mortgage to cover it or do they need to sell the house to pay the tax liability?

    Is there a tax liability is you are left a house?

    Maybe if you sell it on you might get hit got CGT, but if you were to just live in it, I would have assumed there wouldn't be a liability.


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  • Closed Accounts Posts: 1,424 ✭✭✭garhjw


    NIMAN wrote: »
    Is there a tax liability is you are left a house?

    Maybe if you sell it on you might get hit got CGT, but if you were to just live in it, I would have assumed there wouldn't be a liability.

    It depends on the beneficiary’s relationship to the person giving them the house and the value of the property. See below...

    https://www.revenue.ie/en/gains-gifts-and-inheritance/cat-thresholds-rates-and-aggregation-rules/cat-thresholds-post-november-2011.aspx


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