We were approached by a housing association client who wanted to help a vulnerable adult to remain living in his deceased parent's home. Otherwise there would be no option but for the adult to go into care, leaving the home he was comfortable in.

The housing association agreed to purchase a share, just under 50%, of the property in question and entered into an Occupancy Agreement with both the Trustees under the late mother's Will Trust and also with the representatives of the son. This involved creating bespoke Occupancy Agreements and providing confirmation that the ownership and occupancy models were legally viable.

We advised the trustees of the late mother's Will Trust that they could enter into an Occupancy Agreement and thereafter the housing association liaised with the family to agree what funds would be required to repay the outstanding mortgage over the property and ensure that the son could obtain housing benefit to cover the occupancy charge payable to the housing association.

Working with the housing association and the solicitor for the son and the family, we prepared two Occupancy Agreements and the contract for our client's acquisition of the part share of the property which they were purchasing. The key point about this transaction was that the housing association was very keen to ensure that a solution could be provided as it was very important to the son, his guardians and the trustees for the mother's Trust, that he was able to remain in the family home.

Both the family and the housing association were very pleased with the outcome in this case. The housing association believes that this case is a first in Scotland and quite possibly the only case of this type so far in Scotland, involving a housing association being in shared ownership with a family trust and tailoring their standard Occupancy Agreement to fit the situation. This solution is one which could be replicated in respect of future cases of this type, providing the security of home ownership where the family cannot afford to own the property outright.

For more information or advice in relation to housing a vulnerable adult, please get in touch with our team