Terms & Conditions

[jgwizdak]

Hallo,
Does anyone know of a CD that addresses the issue of someone selling their home to a relative for just enough to cover the mortgage (half the value of the property) and then renting from them.

I’m looking at it from the angle of possibly having deprived herself of capital by not selling at the full market price.

Cheers

[emmadring]

Could reg.9(h) apply here?

[Nicky]

Julian

The following CD’s all relate to relinquishing ownership – unable to tell you if any actually examine deprivation issues:

ch/3853/01
396/02
5302/02
1278/02
1586/04
2552/04
1597/04
3142/05
3220/05
4041/05
859/06.

We took a case to tribunal in Swansea where the claimant had sold her property to her son (a builder) at a knock down price and felt we had strong arguments re reg 7 (commerciality and relinquishing ownership) and deprivation.

The chairman (who I won’t name but I’m sure you’ll know) rejected all arguments and found in favour of the claimant.

Basically, once he found that she had to sell the property (it was in a poor state of repair) that all issues regarding commerciality (despite her then paying for a large amount of the work to be done herself anyway!!) and deprivation were non-starters.

[Author]

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