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Top Pension Credit topic #1137

Subject: "joint homeowner issues" First topic | Last topic
ruthch
                              

Senior Welfare Rights Officer, Tameside MBC
Member since
10th Feb 2005

joint homeowner issues
Wed 27-Feb-08 10:54 AM

Just received a call from a pensioner who has a joint mortgage with his son. He gets pension credit for his half of the mortgage. His son now wants to move out and says he won't be able to pay the mortgage after April. He wants his father to either buy out his share of the house or sell his share to the son and rent it back off him.

As far as I can see, if he increases his mortgage liability he doesn't fit any of the circumstances where he can get extra help from Pension Credit.

If he sells the house to his son and rents it back, not only will he be in an insecure position (what if his son wants to sell the property?) but there are all sorts of problems to overcome to get housing benefit - due to capital, the rule that says you can't get housing benefit on a property you've previously owned, possibly being seen as a contrived or non-commercial tenancy and maybe a restriction based on the size of the property.

Can anyone suggest a way this man can stay in his home with a reasonable degree of security and affordability?

  

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claire hodgson
                              

Solicitor, Askews Solicitors, Thornaby, Stockton on Tees
Member since
17th May 2005

RE: joint homeowner issues
Thu 28-Feb-08 06:56 AM

no, but can suggest that he needs independent legal advice on all other issues that would be relevant (e.g., what happens when he dies)

i can see problems with housing benefit as well!

  

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Top Pension Credit topic #1137First topic | Last topic