Dad living in my house - is he a tenant?

BitterAndTwisted

In your place I wouldn't respond to their proposal, never mind their "preferred option".

They're in for a nasty shock and they all fully deserve it imo

HB58

They really seem to be living in Lalaland, I suspect they are going to get a very rude awakening someday soon!

DVardysShadow

cuffey wrote: »

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.

Your instincts are correct. It may even be that he has not actually written to the court. In your position, I would be thinking about how to get his letter added to the court papers as submitted by you - if he has not actually written.

Constant_Gardener

Came across this saga late - what a nightmare!
GF sounds like a keeper, but the family definitely ditched.
Good luck and stay strong.

DRP

cuffey wrote: »

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?

Go and change the locks tonight

BigAunty

Your solicitor will advise you whether or not the note from your father is considered strong enough evidence that possession has been given back to you and you can enter and change the locks. Personally, I wonder whether proceeding to court to get the order is a good belt and braces approach or unecessary.

On the one hand, he never gave written notice or handed over the keys so ought to be free to take up occupancy, on the other hand, he's now provided written evidence stating he's left so I can't see how he then subsequently challenge you for illegal eviction.

As for the texts, they are hilarious. Your family are belatedly giving you back a flat bought through fraud by them and pressure applied to you where someone has lived in it virtually rent free for a long period and wrecked it.

And they are now giving you investment advice about how to maximise the return?!.

Obviously, the strategy for dealing with those deluded texts is the same strategy employed as before - finding them funny and then simply ploughing your own path without justifying yourself.

Make sure you take good photos of the damage in the property. Personally, I can't see how you could ever hope to sue your father for smashing it up as you didn't have an inventory drawn up at the outset which would prove its better condition before you left.

Are you putting the damage down to experience, like many other elements of your families rather corrupt values and warped perspectives?

BigAunty

DVardysShadow wrote: »

Your instincts are correct. It may even be that he has not actually written to the court. In your position, I would be thinking about how to get his letter added to the court papers as submitted by you - if he has not actually written.

Good point.

Might belong with the fairy stories, like the ones the mother told the DWP about having no capital and the council housing department that she was homeless, the ones the father told to the other leaseholders and the property management association about the lease, the ones told by the father to the son to excuse not passing on important letters, the fake medical emergencies to stall eviction, etc.

chesky369

DRP wrote: »

Go and change the locks tonight

No, don't do that. You've waited so long, you can wait a bit longer - keep to the absolute letter of the law and get it 100% right.

BigAunty

cuffey wrote: »

... In fact he's still accessing the flat as far as we can tell.

How can you tell this? Is this what a neighbour has said?

BigAunty

cuffey wrote: »

...

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?

Yes, this proposal that you sink in even more of your funds in order to benefit the family that you exploited you and the benefits system is galling.

I know you plan to refurb in order to make is saleable.

However, have you actually sat down and thoroughly number crunched to determine how much the flat has actually cost you?

And how much you stand to make/lose on it if it sells and if you pay your mother a proportionate share of her 'investment' (aka fraudulent concealing of capital from the DWP and local council)?

A formula like

Total Expenditure (all mortgage payments, repairs/refurb, lease purchase,legal fees for eviction, etc) less Total Income (£100 a month rent for x number of years)

Expected Capital after its sold (anticipated equity less estate agent and conveyancing fees, any Capital Gains tax - see the HMRC website on this).

There's a chance that you may have ploughed tens of thousands into the flat and will recoup little of it back meanwhile your mother expects to get her original 'investment' back plus profits despite never paying anything other than a deposit for it (no contribution to mortgage, repairs, CGT, legal/estate agent fees and so on).