Dad living in my house - is he a tenant?

BigAunty

cuffey wrote: »

...

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

What benefits does she receive? What is the equity in the property when she sold it to you? If there's no equity, I'm not sure whether it would be classed as fraud, perhaps other forum members would know.

Some benefits aren't means tested (such as disability living allowance) and others are (housing benefit, income support, tax credits, JSA).

Report a benefit thief

https://secure.dwp.gov.uk/benefitfraud/

http://www.hmrc.gov.uk/taxcredits/things-go-wrong/complaints-appeals/fraud.htm

cuffey

I REALLY appreciate everyone's time and effort in replying to my posts. Thank you.

I don't know what benefits she's on - but she did say to my partner that she had to get her money/assets under £16,000 in order to claim whatever it was. She tried to encourage my brother to reduce his working hours - until my partner suggested he could increase his hours and pay his own way, so Mum has a certain mindset.

She doesn't work (but she is 61), and she walks with a stick but all I know is she says she has dodgy knees. She makes things up so it's difficult to know what's true and what's rubbish. I don't ever remember her having a job. As I said earlier she still seems to have a hold over my dad somehow, so I suspect he gives her cash. So actually I support him, he supports her, AND she claims benefits. My sister uses them as cheap babysitters, so if I push them out she loses out too.

I work very hard and do my best to keep my head down, support them and not upset them, because they make life a misery if I do. But I am anxious that I don't get caught up in fraud or the wrong sort of mortgage or whatever.

I have not signed an agreement with her as far as I know - and yes I think she expects to take all the money if it's sold.

When I look at what I've written I realise how they have tied me up in their affairs because I'm gullible, but also because they are selfish.

BigAunty

To be honest, some of your housing issues are technical/administrative (how to serve notice to an unwanted sponging tenant who opens up your mail and is ruining your property, how to sell your property without handing over the proceeds to your mum, how to redirect your mail) but most of it seems to be relationship issues.

So you can employ a company like Landlord Action for a few hundred quid to deal with getting your dad out if he won't leave (which he probably won't because it's such a cushy arrangement) and a solicitor to defend you when your mother hassles you for funds.

But perhaps you could do with some counselling to unravel the really unhealthy family dynamics which mean both your morally bankrupt parents continue to exploit you as an adult and your confidence is so crushed, you are too frightened to stand up to them.

cuffey

Originally my dad refused to pay the mortgage on our family home, and we were repossessed (over 10 years ago now). Mother ended up with about £75,000 after the house was repossessed as a divorce settlement. She put that down on the house, and because neither of them could get a mortgage, they used me get one instead - for £15,000. So we jointly owned it (as far as I know).

It's a one bed. I lived there for 5 years with my mother, and my brother. He got the bedroom even though I owned it (partly) and I shared a room with my mother until I was in my early 20s. That wasn't easy!!

Just before I moved out, my mother got a council flat and my dad moved instead, and my brother moved away. Dad's been there ever since.

I was always led to believe that mum and I could not sell it without the consent of the other - then this news that she'd transferred it to me. I wonder now if it was ever in her name. I have looked it up at the land registry - and I am listed as the sole owner.

Similar flats are on the market for about £110,000. I now have a £25,000 mortgage because the leaseholders got together and bought the freehold of the building. My dad attends all the leaseholders meetings and doesn't tell me what's going on. They assume I won't understand anything.

BigAunty

cuffey wrote: »

....

I don't know what benefits she's on - but she did say to my partner that she had to get her money/assets under £16,000 in order to claim whatever it was. ....

She doesn't work (but she is 61), and she walks with a stick but all I know is she says she has dodgy knees. .

You still haven't indicated if you paid your mother for her share of the property, what it is worth or if there was any verbal agreement to pay her money when the property sells.

There is a threshold for income related (i.e. means tested benefits).

Where does she live? I imagine if it's social or private housing, she gets housing benefit.

At a complete guess, I'd say it was something like Incapacity Benefit (now moving over to its replacement, Employment Support Allowance. This is for people that are too sick to work. Alternatively, Job Seekers Allowance if she's found to be fit to work.

Then there could be some Disability Living Allowance if she can prove that she has significant mobility or care needs (this isn't means tested, anyone can get it even if rich or in employment).

There could be some income support. And, of course, council tax discount.

The threshold is that no means tested benefits are paid for capital over 16k and the eligible sum reduces until a claimant has 6k capital - under 6k capital means full benefit entitlement without any deductions. So if she was seeking maximum ker-ching, she'd have to have less than 6k in capital - sums over 6k to up to 16k start reducing it.

BigAunty

To confirm, she paid 75k in cash and you took out a mortgage for 15k, now increased to 25k because of the purchase of the freehold, so all in all, you've both had an outlay of around 100k for a property that's barely gone up in value?

If it sold now, assuming it fetched £100k after legal and estate agents fees and because the market is a bit flat so the buyer will negotiate hard, you'd end up with 75k after the balance of the mortgage is paid off, which is precisely the sum your mother put in and would probably expect back? Even though you've been subsidising the mortgage payments for years?

And presumably she'd want to conceal this money from the DWP or her housing benefit and other benefits would cease immediate? I know someone who inherited money and had an account in a false name and they have a relative who also keeps their money in their account for her.

I bet she'd hate it if you sold up and then wrote a cheque to her in her own name, she'd be wise enough to know that if she tried to cash it, it might lead to an investigation by the DWP (and you could help them along with this by providing information ....)

By rights, as she put in around 75% of the cost of the property (if we include the remortgage to cover the purchase of the freehold), if her return is proportional, she'd really only deserve around 50k back..., not that she'd see it like that? Or if you calculated her return by deducting off every mortgage payment you'd made since she moved out!

And how did she manage to wangle a council property when she was a home owner?

Do you even know if she ever was on the deeds as a joint owner (do you have any paperwork from the original mortgage application?). I wonder if she tried to avoid being seen as an owner right from the start so it didn't ruin her chances of claiming benefits or getting a council property?

What's stopping you from attending the leaseholder meetings or asking for them to send you invites and minutes? Just find out when they are and turn up! You need to man up...

cuffey

My partner says that! She is helping me to try and find out what it is I've got myself into. They shove things at me, and I sign them - stupid isn't it?

I will go to the post office to sort the redirection out - if I can get a mortgage statement from my flat as proof. It's exactly the sort of thing my dad will have opened and hidden amongst the squalor.

You have no idea how relieved and sort of inspired I am that a complete stranger given the bare facts agrees this is wrong.

cuffey

Well . . . . my dad goes to the leaseholders meetings (perhaps the others don't know) and . . . . takes the minutes!

I do need to man up. You are quite right! I have at least started what is going to be a very difficult emotional process.

billybear1

It is very easy to do things for your family because you think it is the right thing to do. Just remember every kind deed you do is in your name and so you are liable. There is a reason that some people find it hard to get credit, don't think that just because it is in your name they will change. Hopefully this has got you to the point that you see how much of a ride you have been taken for and put a stop to it.

GOOD LUCK!

xylophone

Contact the Land Registry and download a copy of the deeds for £4.00. (see example here)
http://www.landregistry.gov.uk/www/wps/QDMPS-Portlet/resources/example_register.pdf
This will show you how matters currently stand re ownership/restrictions etc.
http://www.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/