Transer ownership of former home

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    We have a couple who bought their Council Property in 2004. The daughter put up the money and they took advantage of the full discount available in the right to buy scheme. Claimed benefit here.

    December 2007 the house has been transferred into the daughters name and she if now the legal owner. This coincides with the period required before selling and having to pay back the discount. Nice little earner.

    The couple move out of the house December 2007 and move into the daughters old address, they are only claiming Council Tax Benefit and are in receipt of savings credit.

    I have asked for an independant valuation of the property and am thinking I will take off the money the daughter invested to buy the property and use the rest as notional capital, the claimant has effectively given away a capital asset and could have made a huge profit if the property had been sold on the open market. The house could not have been bought for the reduced amount if the claimant had not been a Council Tenant. Is this correct any thoughts would be appreciated.

    Julian Hobson

    Have succeeeded at tribunal using the argument that the discount formed part of the purchase price and that the current value be apportioned accordingly. HOWEVER we have also lost at tribunal on the same point.

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