Dad living in my house - is he a tenant?

paddyz

Why not just just stick with it? It could be a great investment in the future and you have a minimal mortgage and you get more than half paid by your dad already

You could be sitting on a little gold mine without kicking your dad out and being hated by other family members.

cuffey

Might be a good investment if he were looking after it (see previous posts)!!

I don't think I've actually said what proportion of the mortgage he pays, but the advice here is that I should have a mortgage which allows me to have a tenant and the responsibilities that brings. This would likely mean an increase in payments which he would probably be unwilling to cover which could leave me vulnerable.

I still need to find out what the position is with the freehold, the extended leases and whether my mother has any rights over the property. As BigAunty said in an earlier post - these are the administrative issues.

I am also in a different position relationship-wise to where I was when I took the mortgage on. I might want to sell my flat to get some money to buy somewhere for myself.

So - all sorts of things to think about and find out before I can make a decision.

cuffey

Update!

No response from either named Director.

Just let my DAD know I have contacted the solicitor about the leases etc and he's just come back and said he's got all the paperwork for me to sign . . . !!!!! When pressed he said he's actually had the paperwork for some time, but he was 'waiting for me to visit!' I just don't know what to say. I've said he is to send it to me by registered post so that I can get advice from the solicitor.

Unbelievable. Absolutely unbelievable. I really feel quite angry, which is not the time to make big decisions, but the way I feel at the moment I just want rid of it.

cuffey

Very helpful response from one of the Directors. My father has had the 999 year lease since OCTOBER. He was told to send it to me to sign, by registered post, as a matter of urgency. Director has offered to meet me to discuss what's happening, which I'm going to take him up on.

This director was under the impression that I had appointed my dad my representative, but has now forwarded scans of all the correspondence from the last year. All of it is addressed to me, but must have been opened by dad - and not forwarded.

Dad is apparently the actual Company Secretary of the management company - and will have to countersign my lease. I hope he doesn't delay that too - it's not just me, it's the others waiting for all this to be sorted out. Noone else's lease has been registered either, because mine is outstanding. He said that dad seemed confused about when I was next going to see him - but if he's had this since October, I would have gone if I'd known - and in fact was there just before Christmas.

Is there a way of reporting my father to someone, about his failure to send the documents to me or let me know about them if he's the Company Secretary?!

Now I've told Dad I'm going to get independent advice from a solicitor he's come up with an argument that if it's my GF's solicitor or one connected with my workplace it is a 'conflict of interest'. What does that mean? I don't understand it all. Surely unless my GF were involved in the process she hasn't got an interest so how can there be a conflict?! Certainly it's nothing to do with where I work - I have no idea who their solicitor is anyway.

I think he's stalling the whole process knowing that there's a chance I will want to sell up at some point. He's bought himself a few months, thinking I would not have the courage to confront the issue.

There are big issues with the flat too apparently which need to be sorted out - damage that he's caused is putting other flats at risk. Ultimately that's my fault isn't it?

I am so angry yet relieved that I am finally getting somewhere and making steps to get all this sorted out. I feel a bit more in control now I have a contact 'on side' who can clearly see that this is not acceptable.

sonastin

You need a copy of the memorandum and articles for the lease company - they will set out the rules on who can be company secretary. It might be that the company is free to appoint anyone, in which case your dad has a valid role, or it could be that it must be a resident, again your dad is OK. But it might be that the company has been set up so that the directors and/or company secretary must be owners of the leases in which case his appointment goes against the articles of the company and he should be turfed out of the role. You can download the memo and articles from the Companies House website.

As for the conflict of interest question, if the solicitor has acted for your father or the other leaseholders before and is now acting for you advising against them, there is potential for it to be a conflict of interest. If your father or the other leaseholders have never darkened the solicitors door, your father is talking out of his backside again in another pathetic attempt to manipulate you away from your course of action. Well done for sticking to your guns.

Hopefully at the end of this, when your parents realise you're not just their patsy, they will get to know you properly as a person and you can develop a healthy relationship. In the meantime, just keep doing what you know is right and hope they come to realise it too.

RAS

cuffey wrote: »

This director was under the impression that I had appointed my dad my representative, but has now forwarded scans of all the correspondence from the last year. All of it is addressed to me, but must have been opened by dad - and not forwarded.

On what basis do they think that you appointed dad as a representative? Has he produced any documentation?

cuffey wrote: »

Dad is apparently the actual Company Secretary of the management company - and will have to countersign my lease. I hope he doesn't delay that too - it's not just me, it's the others waiting for all this to be sorted out. Noone else's lease has been registered either, because mine is outstanding. He said that dad seemed confused about when I was next going to see him - but if he's had this since October, I would have gone if I'd known - and in fact was there just before Christmas.

Is there a way of reporting my father to someone, about his failure to send the documents to me or let me know about them if he's the Company Secretary?!

You may find that the rest of the leaseholders want him out of the roll regardless of the rules governing the company. It appears he is obstructing everyone and causing problems with his "DIY".

cuffey

We don't even live in the same town - there's no connection at all between our solicitor and any of the leaseholders, freeholders or tenants. I've been in touch with our solicitor today and she's asked me to send all the information, correspondence and documents I have. I expect if there's an issue of conflict she will tell me! I think he's just very angry that I've decided to sort myself out.

Solicitor also asked me to find out from my mother if there is anything documented etc and for copies of her involvement. I have texted. The result was a load of abusive nonsense so I have just politely responded that clearly that meant there isn't anything in writing. You would have thought if there was anything she would be only too willing to prove it to get her share back . . . ? This is only the beginning of a long battle. :eek: I really didn't want to have to text her, because I'm now in for a weekend of abuse and nastiness. Anyway, it's done now. Any further contact from me will be via solicitor in the meantime.

Going to investigate the memorandum and articles now. Brilliant advice thank you. :T

Caroline_a

How sad it is when parents use their children for their own gains. OP, I wish you luck with this one - you obviously have a very supportive lady by your side, and I'm sure the two of you will get through it.

Goodness, I'd live in a wheely bin rather than do this sort of thing to my children!

cuffey

I have had a look and there are only annual returns and appointments etc listed there. There does not seem to be anything about memorandum and articles. What sort of document am I looking for - is it the registration document? I've found this for the freehold company, but there doesn't seem to be an equivalent for the leasehold management company.

sooz

Good luck.
Turn your phone off so you don't have to deal with abusive texts over the weekend.

On Monday, save them should you need them for evidence.