Dad living in my house - is he a tenant?

BigAunty

cuffey wrote: »

He doesn't pay me rent...
It's just the mortgage I pay, and he contributes towards it.

He does pay you rent. Then you pay your mortgage with it! He's a tenant. Your a landlord. That's how it works!

cuffey

Sorry, crossed wires here!!

I meant I only pay the mortgage but none of the other bills.

I realise that what he gives me is now considered rent. This was the basis of my initial question from post one which is just re-quoted above.

I am pretty sure I don't pay buildings insurance. Would that not be covered by the service charge payable to the freeholder (ie the owners of the building). Confused!!!! Something else I will check up on.

RAS

Building insurance is usually paid by the "management company. You do need to check what is going on.

propertyman

cuffey wrote: »

I am pretty sure I don't pay buildings insurance. Would that not be covered by the service charge payable to the freeholder (ie the owners of the building). Confused!!!! Something else I will check up on.

Building insurance can be collected separately but is most commonly part of the service charge.

if you write to the freeholder and ask for a summary of the policy under section 30A of the Landlord and Tenant Act 1985,they must send it to you in 21 days.

it is unlikely to be voided by the occupation of your father, as live in, tenant or "squatter" , but the scope may be limited as to what is covered.

As said earlier go and get professional advice

sooz

I wouldn't normally suggest this, but since your mortgage is small (although sadly larger than it was before you extended the lease), have you considered paying off the mortgage & gifting the flat & the problems back to your mother?

Then let her deal with the issues of her reduced benefit payments, the vast damages to the flat, & your father.

Or alternatively gift it to him.

Then, since your mother thinks you owe her the money she put into the flat, ask her for the money back at a later date.

Yes, you would need to find the money to do so, but after that you'd be free of the huge mess that they have got you into.

Never sign anything without reading it, or asking questions. And don't lend money to or borrow money for family.

BigAunty

sooz wrote: »

I wouldn't normally suggest this, but since your mortgage is small (although sadly larger than it was before you extended the lease), have you considered paying off the mortgage & gifting the flat & the problems back to your mother?

Then let her deal with the issues of her reduced benefit payments, the vast damages to the flat, & your father.

Or alternatively gift it to him.

Then, since your mother thinks you owe her the money she put into the flat, ask her for the money back at a later date.

...

I can see why this would be tempting, in order to escape the dependency and exploitation of his parents.

However, I can also see why this is throwing good money after bad.

He's basically been pimped off for years and has thrown thousands into a property that he hasn't enjoyed the use of, will have to pay thousands to restore it back into its original condition, and will be hasselled by both self-interested parents for being an unwilling landlord, sheltering them from the tax/benefit authorities.

But it's almost like he is rewarding them for exploiting him by giving them the asset or capital from it after carrying all the stress and risks for years.

I think he should coax the father into more suitable accommodation for someone of his age and infirmity before he destroys the fabric of the whole building and keep the money from its sale until such time a court orders him to hand over some to his mother.

puddy

it may be worth the price though. that way he doesnt have to get the kitchen fixed, deal with the insurances, deal with the mortgage company, deal with the freehold and most importantly deal with the emotional blackmail

yes, its 25k to find and stump up and accept that he'll never see again but what price such relief??

OP i hope you get it sorted but you really do need to take a couple of days off work and get legal advice

BigAunty

puddy wrote: »

...

yes, its 25k to find and stump up and accept that he'll never see again but what price such relief??

..

25k expenses versus up to 75k of income (payment for all the aggro he's had to put up with, gained through the equity from selling off the property after fixing it up).

I know what I'd rather have....

mrslady

Hello all - I'm cuffey's GF!

We've done several things today:

Contacted my solicitor for advice - hopefully they will be able to unravel the utter mess that this has all become. Awaiting an appointment. Will probably get her to contact the mother for evidence of her involvement with the property, and see if she can progress the lease extension question.

Contacted the solicitor supposedly dealing with the extension of the leases

Searched Companies House website to see what the details are for the Leaseholder Company

We still await a response from the Company Secretary to see what progress has been made.

We need to have all our ducks in a row before doing anything rash like paying off the mortgage (although I could and would do that if necessary).

We now have a to-do list and we're working through it a bit at a time. Neither of us can just take time off from work. Frankly this situation has existed for years so it's not going to be fixed quickly.

I am preparing myself for an onslaught from the parents for interfering in what they consider 'family business'. Cuffey's already been warned not to talk to me about anything. Ummmm . . . . . wonder how they're going to monitor that one!

They are rather difficult people when they start squeaking and the texts from Mother have been particularly obnoxious over the time we've been together. I totally refuse to let her get to me, it's almost comedy nastiness at times, and best ignored completely!!

I just wanted to thank everyone for helping him get started on the process, and for the help and advice offered.

Yorkie1

Good luck to you both.