Dad living in my house - is he a tenant?

Strapped

cuffey wrote: »

Moving back in is not an option as it's too far away to commute to my job.

Spend weekends there at least then. Even if inconvenient.

BigAunty

cuffey wrote: »

Moving back in is not an option as it's too far away to commute to my job.

So plan B must be to get him out, either informally and through coaxing or bribery where you at least get to maintain your relationship, or formally through the legal eviction process where you risk him trashing your property even further and which can be a long-drawn out process taking up to 6 months depending on his stubborness.

cuffey

Thank you all very much for your advice. I know I'm too ostrich-like about things, and a bit scared to act for fear of upsetting him. He's a nightmare and he has a very convoluted relationship still with my mother . . . . . Originally she owned a share of this flat too but she then signed it all over to me. It seemed like a generous gesture at the time, but she's now told my partner she did it so she could claim more benefits. She still thinks that she has a right to a share of the proceeds if I sell it, but I don't know if that's true or not.

They won't share information or paperwork, and I'm too placid I suppose to assert myself. I hate having to deal with it all.

I can't live there - I work 6 days a week, and it would cost me too much to commute back every Friday. I have worked hard to make a life for myself here.

I wish there was a magic wand solution where I could sell the whole shabang with him in it!

Yorkie1

If she signed it over to you and there was no official agreement about future profits, I think she hasn't got a leg to stand on. Plus defrauding the taxpayer - she can't have her cake and eat it.

cuffey

Thanks Yorkie1. If there were an official agreement (which I don't remember) . . . where would it be? At the solicitor, or would the Land Registry know about it or something?

And I totally agree about defrauding taxpayers - because I am one, and I resent her sponging off me.

cuffey

This gets more complicated!

I thought it was a great idea to redirect my post. To do this online the card you pay with has to be registered to the address you're redirecting from. Of course my account has my weekday address on . . . !!

Perhaps going back to the original post, I would be better just telling the mortgage company I live here and not there, and standing any penalty. I don't like feeling anxious that I'm doing something wrong.

BoGoF

Take a week off work, move back to the flat for a week. Change locks when he's out.....job done

BigAunty

cuffey wrote: »

...Originally she owned a share of this flat too but she then signed it all over to me. It seemed like a generous gesture at the time, but she's now told my partner she did it so she could claim more benefits.

Nice parents, you've got there. One exploiting the state, one exploiting you.

What she has done is considered deprivation of capital by the DWP and HMRC (for tax credits) and if she is hiding any proceeds from it, then it is fraud. Did you buy her share or did she just sign over ownership?

Deprivation of capital rules are in place to prevent people from giving away their assets, savings, shares and so on, in order to qualify for benefits. Those that do this are treated by the authorities as if they still have the capital, known as notional capital.

Dob her in to Benefit Fraud line.

cuffey wrote: »

.... She still thinks that she has a right to a share of the proceeds if I sell it, but I don't know if that's true or not.

What legal paperwork was drawn up for this or was it a verbal agreement? Without evidence, she faces a legal battle to prove there was a loan arrangement rather than a gift, plus if she comes out of the woodwork to assert ownership, she can stuff up her benefit claims. What benefits does she get?

cuffey wrote: »

.... ..

They won't share information or paperwork, and I'm too placid I suppose to assert myself.

...

I wish there was a magic wand solution where I could sell the whole shabang with him in it!

If you are the sole owner, then you are the owner, full stop. Your mother would have to take you to court to prevent the sale, get some kind of note of interest put on the deeds at the land registry, I think, to prevent its sale.

If she is under the delusion that you would pay her off, what sum do you expect to realise after the sale (Sale price, less outstanding mortage and legal fees?) and what sum is she expecting you to give her?

No paperwork or info required by your father. If you serve notice the correct way, then the judge will award you possession, end of. The court order may need to be enforced by bailiffs if he still doesn't leave on the date ordered by the judge, or he might be granted a few weeks longer if he comes up with a sob story, but he can't influence the outcome. Put simply, if the notice is served correctly, the judge will award you possession - there's no discretion.

cuffey wrote: »

.... ..

...

...

I wish there was a magic wand solution where I could sell the whole shabang with him in it!

Basically, since you are picking up the majority of his living costs, he's bound to sabotage any sale when he's in situ, plus he's making the property unsaleable by damaging it. You need to get him out.

There are companies that buy properties on the cheap that target distressed sellers, well under the market rate, but you'd need to check if they still expect vacant possession which is the normal way of doing things?

BigAunty

cuffey wrote: »

This gets more complicated!

I thought it was a great idea to redirect my post. To do this online the card you pay with has to be registered to the address you're redirecting from. Of course my account has my weekday address on . . . !!

See if you can do it in person at the post office and pay in cash. Here's the list of ID that is required. One is an original mortgage statement, so that's covered, have you got another from the other list, such as a passport or driving licence registered there? If so you are sorted.

https://www.royalmail.com/delivery/inbound-mail/redirections/details

BigAunty

cuffey wrote: »

Thanks Yorkie1. If there were an official agreement (which I don't remember) . . . where would it be? At the solicitor, or would the Land Registry know about it or something?

.

You would know because you would have signed it!

If you didn't sign an agreement to pay her x money when the property is sold, it doesn't exist! Therefore it's up to her to initiate legal proceedings to contest the sale or sue you for the repayment of the 'loan' which you say doesn't exist.