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david39ni
Posts: 7 Forumite
I am a very hard situation four years ago before my father took ill with allzimers he released a house to me from another Brother. The other brother however wrecked the house and the bathroom has had a leek for the past four years. I dont have allot of money to repair , my father is still the owner of the house and yet my brother refuses as power of attorney to take any responsibility for the house. Now as I dont pay rent for the house i guess my rights and laws are limited in what I could arguee that is the law but surely the responability is still on my brother to fix the bathroom I am just really worried as the roof is about to cave in the ktichen and worried what I should do as cannot afford the repairs myself.
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Having POA for your father your brother should be making financial decisions that are in your fathers best interests. This should include paying to fix the bathroom to stop the property losing any value. Unfortunately you would probably have to go to court to force this which may cost more than the repair.
I can't believe that it wasn't possible for you to save the small amount it would cost to fix the leak when you moved in years ago though. Most leaks if caught early can be stopped with a spare part costing just a few quid. Do you you know how much the repair is going to cost now?0 -
I have been unemployeed for the past four years on and off when I did get money I had bills I am looking as to what is the legal standpoint here not just a best guess. I am 40 years of age and been finding gaining a new job hard of late. And was just wanting some clarification on this.0
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Not yet as I am afraid to get out a plumber at their £60 odd an hour call out charge.0
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I suggest you seek advice from your council's Environmental Health department. If your situation is classed as a tenancy then there are laws (that they enforce) requiring your landlord to maintain your home.
Otherwise you might be better off moving somewhere else: if you are unemployed than Housing Benefit should cover most of the rent, and at least it would be habitable.
An alternative approach: contact a body such as Age UK to raise the issue of 'elder abuse'. They might be able to advise on what to do about your brother's failure to take care of your father's asset, the house.0 -
How about looking at it yourself, working out which bit is leaking, then finding a video on youtube that tells you how to fix it?0
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You have gven us one side of the story. There are always two sides - your brother may describe things differently. My comments below will try to answer your questions, but may also raise questions you don't like....
1) You don't pay rent, so you are probably living there under licence - you are not a tenant. Thus you have few rights. Do you contribute anything to the owner (your father)? Maybe your time & labour eg DIY and redecorating after your brother 'wrecked' the house? That could be considered 'rent in kind', making you a tenant.
2) it sounds very worrying that your father's atttorney (brother) is not doing his job. He has a legal duty under POA to act in your father' best interests. That includes protecting his property from damage. And certainly not 'wrecking it'! Is he also managing your father's money? Do you have concerns about how he spends your father's money?
Maybe you should get advice about whether your brother is actually a fit person to be attorney. What else is he doing or not doing.........?
You can report him here:
https://www.gov.uk/report-concern-about-attorney-deputy
3) Having said that, does you father have money? Or is the house his only asset? Your brother does not have to spend his own money repairing /maintaining your father's house. As Attorney he should use your father's money (if there is any). Is there?
4) If your father does not have money, then it could be argued that his Atttorney (your brother) should be trying to generate some money for your father, either by charging you rent, or by evicting you and either renting the property to someone else, or selling it. That might well be in your father's best interests, but without knowing all the facts it is impossible to say.
5) where is your father living? And how is his accomodation/care etc being paid for?
6) I too am shocked that you have let this continue for 4 years, watching damp spread and a leak continue. You have been happy to live there in a damp house? And You have been happy to watch your father's house get worse and worse? :eek:
You may not have much money, but you have plenty of time if you are not working. Have you at least found out where the leak is? It is not hard to find the pipe that is leaking.
It is also not hard to mend a pipe if you learn. You have had 4 years to look at Youtube, or to borrow a book (free!) from the library on plumbing. The actual cost of parts is probably very little.
edit: some utube instructions:
https://www.youtube.com/watch?v=Raivnh0Luns
https://www.youtube.com/watch?v=aez4ctMtbuI
https://www.youtube.com/watch?v=iIgllzb4YSo0 -
Perhaps your brother feels you should take care of the house as you are living there rent free?
What do you mean when you say the house was "released to you from another brother"?Debt 1/1/17 - Credit Cards £17,280.23; overdrafts £3,777.24
Debt 5/1/18 - Credit Cards £3,188; overdrafts £00 -
agreed.Perhaps your brother feels you should take care of the house as you are living there rent free?
What do you mean when you say the house was "released to you from another brother"?
whilst the person with POA should act in the best financial interest of the father that would also mean he should not be allowing the OP to live rent free in an asset that is (apparently) deteriorating
it also seems that OP, despite being unemployed, has no time or desire to limit the deterioration by trying to fix things himself given he has free use of an entire property that is a family asset and may well come to him in father's will anyway?
seems as much a case of "it's someone else's fault" syndrome0 -
Where have you been living for the last 4 years mindset wise? do something about it and don't bury your head in the mouldy sand. If your in debt, stepchange are a good charity, maximise your benefits with Citizens advice bureaux."It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
I suspect we may have scared the OP off by not being more sympathetic and understanding of his position, which was clearly that he wanted to know how he could force his brother to spend money (either his own or father's) to fix the house where he lives for free.
But there is clearly more to the story which is unlikely to be forthcoming I suspect.0
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