Family member living in property, supposed to be buying it, 18m on, going nowhere?!

dancingfairy

We don't unfortunately know the whole story. They could be money grabbing and nasty or they could be naive. Who knows? However, you need to start looking out for number one now.
They may have had an intention to get a mortgage (they may not) but having been turned down twice, I worry that they won't get one at all now.
You need to do some damage limitation. You have been more than reasonable to them so far but clearly you need to start protecting your own interests.
df

yvonne13_2

OP are you saying that whilst these people have been living in the property you have been paying the mortgage?

Gosh!!! It could be a case of he said she said nothing written down ect ect and you with the full knowledge that they have been turned down twice for a mortgage.

I hope you do get legal help as you could end up losing your home as I doubt they would start paying rent. Also I'm not sure but I don't think you can claim for back rent as I think as another poster pointed out, they could say you agreed that they could renovate the property and use that in exchange of rent.

yvonne13_2

The £25k is still a mystery........I don't want to think bad but as they put that money into the property could they sell the property without the OPs knowledge? I've heard of these type of things before.

Annisele

Thing is, I suspect the people living in OP's house could spin this completely the other way.

Maybe:

OP's old tenants moved out, and she couldn't get new tenants because the flat

A_little_stressed!! wrote: »

was on the bad side of shabby.

OP couldn't fund the necessary renovations herself because she can't afford to - she already

A_little_stressed!! wrote: »

Need work done on my house as leaking. Car is past deaths door.

So OP wouldn't have got tenants anyway. Somebody needed to act as project manager and look after the place while the work was ongoing. So OP's BiL did OP a massive favour and moved in to the house, lived on a building site, and spent £25k of his own money until

A_little_stressed!! wrote: »

everything has been done to 'show home standard' no joke.

If it happened that way (or, perhaps more importantly, if BiL can make it look as though it happened that way), then if OP tries to evict BiL she's treating him appallingly.

But whatever the truth, OP needs to make an appointment first thing Monday morning to get professional legal help.

A_little_stressed!!

I appreciate your input Annisele, it show how the whole situation could be interpreted.
That flat did not need extensive work, it had some shabbiness that would have cost max £5k to put to perfectly nice flat. £1k to make suitable for students etc as university has opened nearby in last 2yrs.
Also 18m ago, I had money, had never used OD, or ever in my life missed a CC payment. Only now due to paying a mortgage with nothing in return have I been 'on the line' in this time my car has finished itself off, and cut back have had to be made.
If it came to it I could back this up with bank statements, etc

FatVonD

paddy's_mum wrote: »

I don't believe that they would have to do anything except refuse to leave. A buyer's solicitor will demand vacant possession, as would any mortgage company involved. How could the OP offer any of that that if her 'tenants' decline to

This is absolutely right but it's actually even worse than that. When I've sold houses when I was cohabiting the other person had to sign to say they would leave.

OP, how bright or not are your Bil and sil? Obviously you need legal advice but I'm wondering if you could tell them your mortgage company are threatening to repossess unless there is a proper tenancy agreement. Get one drawn up for a nominal rent and hope their greed/gratitude at the low rent blinds them to the fact that it's for 6 months/one year and they can be thrown out at the end.

You really do need to seek legal advice and to play your cards close to your chest because once you've let them know you've had enough you aren't going to be able to pull anything like the above with them still thinking you're a pushover.

yvonne13_2

OP did you get that legal advice?