Dad living in my house - is he a tenant?

cuffey

I have served the S21 - he has written to my solicitor claiming he has been 'very ill' and asking her for an extension. Afraid I'm holding my ground on this one. The notice expires end of May. It's been a pretty horrible time.

I have done some digging and found the solicitor who did the conveyancing when the flat was bought. I've managed to find out that there is no restriction currently on the property lodged at the Land Registry.

I am feeling a bit weary of the whole thing really, but I have gone this far and now need to follow it through.

I've been in touch with the Building Society too, and I'm in the process of applying for the Consent to Lease. I might not actually have a tenant of course by the time that happens!!

Once I've got possession, I will be renovating/cleaning it up to a saleable position - then getting rid ASAP!!

I am sick to death of my family lying and scheming to suit themselves. How can anyone claim they have been seriously ill when they have simply had a cataract op?!

Anyway - still ploughing on - thanks for your interest and support!

Yorkie1

Well done on sorting all this out, cuffey. It would be difficult even without the additional emotional stuff that has come with it.

Stay strong; the end is so much more in sight now than it was a few months ago.

casperlarue

hello cuffey .... I'm just a lurker on your thread but I would like to say "well done that man" on how you've dealt with this issue....the light at the end of the tunnel is getting bigger and brighter every day for you.

And with your father claiming serious illness over a cataract operation...he's realised the games up and is trying any delaying tactic he can think of.

As Yorkie1 said... stay strong the end is in sight!

BigAunty

cuffey wrote: »

I have served the S21 - he has written to my solicitor claiming he has been 'very ill' and asking her for an extension. Afraid I'm holding my ground on this one. The notice expires end of May. It's been a pretty horrible time.

.... How can anyone claim they have been seriously ill when they have simply had a cataract op?!

My mother in law has had both cataracts removed and each operation was brief with minimal discomfort and I don't think she was in hospital for more than a day, if that, struggling to remember if she was an outpatient for both or not.

However, perhaps your father will ignore the notice, prompting your solicitor to take the next step to enforce it in court and the court order might add another month or two onto the timescale.

It will depend on the waiting times for a court case to be scheduled in your local court, should the solicitor needs to seek a possession order if he doesn't leave by the end of May.

If the S21 has been issued correctly, the judge has no discretion and must give possession back to the landlord but the tenant can make a case to extend the notice period that the PO takes effect by a few weeks, I believe. So that might take you up to the end of July, perhaps.

Then if he ignores the date of the PO, you have to go back to court to get court appointed bailiffs to enforce it, the final step in the eviction process, to physically remove him. That will add perhaps another month on, depending on the waiting times for their services, could be quicker.

cuffey

Thank you all so very much.

Big Aunty - exactly the advice of the solicitor!! I intend to carry it through to the inevitable bitter end.

The Land Registry have been fantastic - great customer service I have to say. There was a restriction originally involving my mother, but I have managed to discover that this was withdrawn in 2010. I imagine she can apply to re-register it - but she blankly refuses to tell me still what she feels she is entitled to. I have no intention of not giving her whatever this is, so why she is not fighting her own corner is still a rather unsettling mystery. I simply don't know why she has withdrawn the restriction. If I can't sell the property without her agreement for instance, why is she continuing to let me go down the route of getting my dad out? I have some concern that she may try to move into the flat herself!!

Slowly sorting stuff out and chipping away at it all. . . . .

Thank you all again - C

BigAunty

cuffey wrote: »

...

The Land Registry have been fantastic - great customer service I have to say. There was a restriction originally involving my mother, but I have managed to discover that this was withdrawn in 2010. I imagine she can apply to re-register it - but she blankly refuses to tell me still what she feels she is entitled to. I have no intention of not giving her whatever this is, so why she is not fighting her own corner is still a rather unsettling mystery. I simply don't know why she has withdrawn the restriction. If I can't sell the property without her agreement for instance, why is she continuing to let me go down the route of getting my dad out? I have some concern that she may try to move into the flat herself!!

..

Perhaps she will reapply the restriction on the deeds when you actually start selling the property to scupper the sale as she'll feel she'll have more power over you to force the price that she wants? Nothing like the potential loss of a buyer to make you negotiate better terms for her.

However, that simply provides further evidence to her long term benefit fraud and probable fraudulent claim for social housing.

Perhaps she thinks the best way to get money from you without alerting the benefit and council housing authority is to actually facilitate the sale of your flat and come up with a sob story? Both are quite risky strategies.

If she moves in with your dad before the PO is granted, it applies to all occupants, not just the named one on the tenancy agreement, so you can proceed with forcing the clearance with a bailiff if the possession order is ignored.

Of course, if she does pop up and claim ownership or occupation of your flat, then she's breaching the terms of her council tenancy which will inevitably require that her council property is her primary residence.

Do you have a neighbour there who would be kind/nosey enough to tell you if he thinks your dad has moved out or another party move in? Obviously, your best strategy is to ensure the property is not left unoccupied when your dad has voluntarily left or been escorted out by bailiffs, change the lock and live there yourself.

In the meantime, you could read up about the accelerated possession procedures for squatters. As indicated previously, if she moves in while the eviction process for your dad is ongoing, then she'll be covered by this action.

I'm not sure where/how she becomes defined as a squatter in a worse case scenario - if for example, he abandons the property and she then moves in, or if it would only count if you got possession from the courts and she later broke in to occupy it. Other members will know.

http://www.landlordzone.co.uk/squatters.htm

Vincent.waldorf

wow i have just read this thread and i am sorry to read that you have a pretty messed up family!
but i am really glad that you have started to sort things out!
good luck and you indeed have a wonderful GF who has changed your life for the better - keep her!

BigAunty

Out of curiosity, I wonder how the OP is getting on.

For example, whether his father has either cooperated with the lease issues as the company secretary of the building management team or has been ousted from this positio

- if his father has cooperated with the notice to quit and is leaving the flat by tomorrow or if the OP has to return back to court to regain possession

- if his mother has figured out a way to secure her return on the investment in the property without alerting the benefit authorities to her fraudulent claims and false declaration to the local council, concealing her home ownership, in order to secure social housing.

cuffey

Hi all -

Father is still in the flat, insisting the council says he has to wait for the court process. However, other family sources say that in fact he has been offered a council flat which will be available in 3 weeks. I've contacted them - but of course they are unable to comment on his individual circumstances and their response was a bit ambiguous. I've had a letter from him this weekend saying if I want him to leave he will have to look for somewhere . . . . . so doesn't seem to tie up does it?

I now have to decide whether to get on with the court process or wait and see if the 'intelligence' from family is true. My gut reaction is to carry on with the court process in case this council flat is a red herring, or falls through.

Mother is sending lots of sob-story texts, none of which mentions the flat. They are both cranking up the pressure in their own way - him by lying, her by getting hysterical. I'm trying to deal with it in a business like way and ignore them. I cannot be accused of harassment then. They are not used to me being like this, and can't cope with it. They've had their own way too long.

princeofpounds

Hi Cuffey, thanks for the update. Good to hear that things are proceeding.

I would be continuing with the court process on a 'twin-track'. It would probably take longer than 3 weeks anyway depending on where you are so if the 'intelligence' is correct then it might get resolved earlier, but you don't have to wait for that.

I noticed in one of your recent posts that your mother might want to try to get in. The advantage of court is that any possession order will apply to all occupants so if she somehow appeared there when your father leaves you could still deal with it. Also, don't forget to secure the property anyway - if she is not on the title then she has no automatic right of entry.