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My sis, Smiffylass has just emailed a link to a real estate agent in Nottingham & on their web site is my old house. It's worth nearly 75.000 grand,not a bad price for an ex council house. I sold it in 89 for roughly 37.000 ish? so I suppose in 17 yrs it hasn't really made a massive jump has it?

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lips0 Sorry Caz but if we don't know where you lived how do you expect us to find the property?......Silly Girl...

link to the page where your property is on!!!!!!

Regarding house prices we bought this property I'm living in now back in 1976 and paid £11.250, had it revalued last week and it's worth £165.950 so they reckon? !englandflag!

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"....Regarding house prices we bought this property I'm living in now back in 1976 and paid £11.250, had it revalued last week and it's worth £165.950 so they reckon?...."

All rather academic.....

If you choose to sell and live in a similar property, in a similar area, you are obliged to pay their £170K asking price.

Only folks who will derive future benefit from your enhanced valuation are your descendants, upon your demise!

Cheers

Robt P.

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"....Regarding house prices we bought this property I'm living in now back in 1976 and paid £11.250, had it revalued last week and it's worth £165.950 so they reckon?...."

All rather academic.....

If you choose to sell and live in a similar property, in a similar area, you are obliged to pay their £170K asking price.

Only folks who will derive future benefit from your enhanced valuation are your descendants, upon your demise!

Cheers

Robt P.

The caveat being, if after all those years of sweating and scrimping to pay for the house, you happen to end up in a nursing home, then unless you can afford the £450 per week fee for your accomodation, the council will seek recompense and make claim to your property.

basically you will be left with nothing, any plans that the property might be left to your offspring or others being dashed to the ground in one fell swoop.

my advise is, start saving like mad for that future internment, you might then just beat the system.

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  • 9 years later...

I've just sold my council house ... cash wait until the council find out they'll go bleddy batty bonkers!

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Re: #4 above.

That is not necessarily the case. There are ways around it.

Re: 'The Council' They do not always get their way. We proved it and set new legal precedent. Naturally, I have 'redacted' personal details.

2011 – New case law.

CARE FEES

Family members facing a council’s demands to sell an older person’s home to meet care fees may find it a bewildering and frustrating experience. The assumption may be that the council must have got it right. But, as this decision of the Adjudicator to HM Land Registry shows, councils do not always get it right.

What happened?

  • 89 year old Mrs X was the sole registered proprietor of a house in Nottingham.

  • Mrs X went into residential care, arranged for by Nottingham council in order to discharge their duty to secure her residential accommodation under s.21 of the National Assistance Act 1948.

  • Nottingham council decided that Mrs X was required to pay the full fees for her residential care because she had capital in excess of the ‘capital limit’ of £23,000. The capital in question, according to the council, was Mrs X’s house.

  • The council sought to register a legal charge over Mrs X’s home to secure the unpaid fees.

  • Mrs X’s children objected. They said that they were the beneficial owners of the house and that their mother was simply the legal owner - the owner in name only.

  • In support of their case, the children said that they had always met all the mortgage payments on the house since their mother purchased it under the Right to Buy scheme in the 1990s.

  • The dispute was referred to the Adjudicator to the Land Registry for determination.

What did the Adjudicator decide?

  • The Adjudicator found in favour of the children. Nottingham council’s application to register a legal charge was rejected, for the following reasons.

  • The council’s statutory power to create a charge was only exercisable in relation to any “beneficial interest” that Mrs X had in property (s.22 Health and Social Services and Social Security Adjudication Act 1983).

  • The Adjudicator was satisfied that the whole beneficial interest in the Nottingham house was held by the children.

  • This was because a constructive trust existed under which the whole of the beneficial interest in the house was owned by Mrs X’s children.

  • The children put forward evidence that they had always paid the mortgage on the Nottingham house and paid for its upkeep. That was accepted by the Adjudicator who decided that there was a ‘constructive trust’ of the house whose beneficiaries were Mrs X’s children.

  • The Adjudicator’s finding removed the legal basis for the council’s application to register a charge at the Land Registry. As a result, the council’s application to register a charge was rejected.

Further analysis of this case

This case is further analysed in Issue 74 of the Journal of Community Care Law (Arden Davies Publishing). The article about the case deals with the following issues:

  • The legal nature of a constructive trust and the essential pre-conditions to such a trust arising.

  • Were the family members obliged to execute a Declaration of Trust to prove their case?

Case name: Nottingham City Council v XXXX, 2011.

Col

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