Dad living in my house - is he a tenant?

cuffey

Yes - solicitor has written to confirm PO still required.

cuffey

A very odd twist to all this today. A text from my father (although from a number I didn't think he used any more) to say my mother has moved from her flat. Nothing to say where she's gone.

BigAunty

cuffey wrote: »

A very odd twist to all this today. A text from my father (although from a number I didn't think he used any more) to say my mother has moved from her flat. Nothing to say where she's gone.

Do you know where her council property is?

So she's given up a secure tenancy where her housing benefit is being paid?! Not.

It's probably a tactic to wind you up or apply pressure on you to settle the outstanding issue of repayment of her investment.

It might explain why your father was so keen for you to call off the court action - you might have to start from scratch if you pulled it. Is your neighbour still giving you reliable information about visitors?

Hold your nerve - AFAIK, the PO covers all occupants - the tenant and any subtenants/lodgers. Check the position with your solictor.

I think once you have the PO which will set a date for the tenant to leave by, you can check if it's unoccupied and enter and if it is not, you go back to court to get a date when court appointed bailiffs can turn up and turf out any occupants. You arrange a locksmith to come with the bailiffs on that date so you can secure the property and if you anticipate any problems, you ask the police to come along.

But double check the legal process in case she's decided to squat there. Also, you should think ahead to occupying it to prevent your lovely relatives from breaking in...

EDIT - I note from other posts that from today onwards squatting has been made a criminal offence. It used to be the case that it was seen as a civil offence so an owner of a property had to take the occupants to court to secure possession, now it it is a criminal offence and the police can simply arrest them.

http://www.bbc.co.uk/news/uk-politics-19429936

cuffey

Possession order granted!!

Mother has sent new address - not sure if it's social or council housing or not. Need to get locks changed asap - pretty sure he's not there from what the neighbour has said. Father's still forwarding junk mail, but nothing with the actual address of the flat on it, so that's just a wind up.

Thanks for all your help BigAunty - I really appreciate the support and advice you've given me over so many months. This feels like a real milestone.

And now I don't have a tenant, the original question of this thread is answered. . . .!!

BigAunty

cuffey wrote: »

...Father's still forwarding junk mail, but nothing with the actual address of the flat on it, so that's just a wind up.

..

Well done, it was a long road, frequently sabotaged, plus you still need energy for the refurb, sale and return of your mum's deposit. Your girlfriend sounds like a true star.

But let me try to understand this - your father is pretending he still has access to the flat and is trying to give you the impression by forwarding junk mail? Or he just gets a kick out of sending you unwanted mail or something?

Stick it back in the post to him or care of your mother....

princeofpounds

well done cuffey, and thanks for updating us all. I hope that things proceed smoothly for you in future.

RAS

Well done for keeping your cool.

Now for the hard part - taking posessions and sorting out the mess.

Then dealing with the lovely mother and her scheming.

Do not be surprised if she tries to interfere with the sale, along the way.

Remember - one payment to an account in her name, from your solicitor.

Yorkie1

Congratulations on reaching this milestone and thanks for updating the thread.

Good luck with the next phase - the end is certainly closer!

mark55man

well done. read this start to finish - in a train crash movie sort of way - but the good guy came out on top, stronger - even if bruised.

I hope to god that my OH and I never casue our kids this much hassle and distress

well done to your GF - you've got a good one there

cuffey

Brief update!!

The flat was left in a totally disgusting state, and is now in the process of being refurbished.

The support and knowledge of folk on here has been invaluable - so thank you all very much.

Pleased to report, too, that I have agreed a settlement with my mother, and have decided not to enter into any correspondence with anyone else in the family about the property - it's simply nothing to do with them.

Hopefully I can get it on the market before Christmas - let's hope it doesn't hang about too long, and I will be free of it.