Dad living in my house - is he a tenant?

RAS

cuffey

You really must just get the court action going because otherwise they will assume that he will stay on.

cuffey

Yes - I agree and I have told the solicitor to go ahead. If it all resolves in the meantime so much the better.

BigAunty

Councils are actually notorious for telling their homelessness applicants to ignore the notice and wait for the landlord to take them to court to gain possession. This gatekeeping process takes place in order for them to try and cut down on demand for their services - the council can't issue social housing to every private tenant served notice.

Under their statutory housing obligations, the council don't have to assist anyone who they regard as having made themselves 'intentionally homeless' (leaving a property when they did not have to) and therefore use this as a pressure tactic on tenants and their landlord -i.e. 'if you leave ahead of the court order, by law we don't have to help you'.

Shelter say this is an unacceptable practice and should not take place. The local council ombudsman also provides guidance to local councils telling them not to stall on housing homeless tenants, saying that where there is a strong chance that the court will give possession to the landlord, they shouldn't delay things. Some landlords have won compensation for their legal fees after challenging the local council's advice to their tenants to stay put.

You could unearth this guidance, get your solicitor to quote it back to the council and tell them that you are taking them to court or reporting them to the local council ombudsman (or some such similar body) to get compensation for your legal expenses.

If you are lucky, a poster on MSE will be able to quote you the exact guidance that the local council are ignoring and give you more info on how to proceed to seek redress. If nothing else, it might make the council pull their finger out to house him if they see you have good knowledge of what they should be doing, and at the best, get them to pay some of your unnecessary expenses.

EDIT - here's a bit more info on this, not sure if it's going to help that much, is a bit dated, but here is some debate on this and the actual guidance issued to councils.

http://www.landlordzone.co.uk/forums/archive/index.php/t-9149.html

http://www.landlordzone.co.uk/forums/archive/index.php/t-11278.html

And as for your mother's texts - why haven't you changed your number? But actually, you seem quite strong about facing down the manipulation.

seven-day-weekend

Caroline_a wrote: »

How sad it is when parents use their children for their own gains. OP, I wish you luck with this one - you obviously have a very supportive lady by your side, and I'm sure the two of you will get through it.

Goodness, I'd live in a wheely bin rather than do this sort of thing to my children!

So would I, it is unbelievable what some parents do! I wish Cuffy and his girlfriend all the best and hope it is sorted soon. xx

Yorkie1

Thanks for the update Cuffey. I think you're doing an amazing job in staying strong towards your parents, who really are taking the biscuit in their actions!

Good luck and I really do hope that the end of the tunnel is now in sight.

cuffey

Solicitor instructed to carry on with court process. I know my father has got somewhere to live - a source closer to home has actually helped him move in, although confirms that there is still loads of stuff in my flat. I'll deal with that with advice when I get possession.

The longer I have no contact with them the easier it all seems actually. I can't believe I allowed them to control everything for so long. My GF is tough about stuff though - keeps me on track! Together we are dealing with each part of the issues surrounding all this bit by bit.

BigAunty

cuffey wrote: »

Solicitor instructed to carry on with court process. I know my father has got somewhere to live - a source closer to home has actually helped him move in, although confirms that there is still loads of stuff in my flat. I'll deal with that with advice when I get possession.

...

Good strategy.

Even if your father has moved out, you'll need to have formal possession to prevent any potential issues around harassment and illegal eviction (tenants can give the impression that they've left but may still have the right to take up occupancy).

http://www.landlordzone.co.uk/legal/tenancies-residential/abandonment.htm

Here is the legal position on unclaimed goods

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

As you intend to repair the property, you might want to move them into storage (and charge him the removal/storage fee if he wishes to collect them) for up to 3 months, if he leaves a lot of belongings there.

cuffey

Thanks BigAunty - useful help as always. One step at a time - but really feel as if I'm making headway now - with lots of things

cuffey

Update - court process in hand, but now father has written to the court (and sent my girlfriend a copy of the letter) and told them he's already left! He hasn't told me that, or given his keys back. In fact he's still accessing the flat as far as we can tell. I am inclined to carry on with getting the court order so that I am absolutely sure I'm entitled to enter the flat without fear of being accused of harassment.

Also, they (parents) have sent their proposals for how the cash should be divided up when the property is sold. Their preferred option (they state) is that I take out a further mortgage to renovate the property (that he's damaged) and then they, and my siblings will get a bigger payout from the proceeds. Not really sure why they think anyone else is entitled to any of the proceeds of a property in my name - (other than potentially my mother), but this is really taking the mick isn't it?

RAS

In their heads it is still "their" property which they used you to purchase to their advantage.