Paying local council a percentage

[melboo]

My mother bought her council house 3 years ago but sadly passed away in November, the house is now in my name and all probate has gone through, i want to sell it but have been told because its not been 5 years since my mom bought it that i would have to pay a percentage to the council, over £40,000, is this correct? Even though the house is now in my name? Any advice would be great

 

[diyhelp]

It is highly likely that the council would have inserted a clause into the purchase contract if the property, I assume, was acquired under the "right to buy" scheme. Under this particular scheme, tenants were offered the opportunity to purchase their home at a significant discount to the market price. This is why the authorities are looking to claw back money from a potential sale and in all honesty is this not fair?

What is the term of the clawback clause in your mother's property purchase contract?

 

[melboo]

No i dont think its fair, both my parents lived there for over 50 years so i think they have paid the council back enough money.
We`ve been told as soon as we get the deeds put in my name we should be able to sell it but dont know if this is right,
My mother bought it for £33.000 just after my dad passed away and was told she cannot sell it withing 5 years, nothing has been said if the owner passes away before then

 

[Veronica]

It has always been the case that if you purchase your council house under the right to by you must own it for 5 years or you have to pay a percentage to the council. . As your mothers heir you will have the same conditions as she did and will have to pay the fee. The alternative is that you keep it and rent it out until the 5 years has expired.