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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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My son has a severe mental illness. He has never worked and

Resolved Question:

My son has a severe mental illness. He has never worked and lives on Income Support and Disability Living Allowance. He lives in a one bedroom Housing Association flat. I am looking at what provision I can make for him before I die. I would like him to have his own 2 bed flat/house where he can have a dog and a live in befriender. His father has just died and has left me £16,000 to help support our son. My question is -Can I buy a flat/house in my name and have my son as a paying lodger up until the time I die -at which point can I then have the flat signed over to my daughter to keep in trust for my son. I am looking at a shared ownership scheme which will cost me £50,000 cash plus £253 a month
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.



Thanks for your question.


If you are purchasing with the assistance of a mortgage then you will have to disclose your plans to the lender. If you do not and allow him occupation then you will be in breach of the mortgage conditions. They will almost certainly consent to it but on the basis that it is let to your son and any other person occupying on the basis of short-term assured shorthold tenancies (ie. 6 months to a year) which can be renewed as appropriate.


They may also ask that your son and other occupiers sign a deed of consent/postponement which states that he does not have any rights or interests over the property and will vacate it in the event that it should be sold.


The difficulty is that shared ownership is social housing and the arrangement will likely include a restriction on sub-letting, were you to then sub-let you would be in breach of the agreement and this may entitle (in theory) the organisation to terminate the agreement and force the sale of the property. Make some discreet enquiries with the organisation you are considering contracting with to see if this is permitted.


You've got to do some more checking with the shared ownership scheme providers. You do not want to allow occupation and the have your breached enforced against you, which would result in considerable upheaval for your son.


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Kind regards,



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