Advice on eviction

Rocky99

Hi everyone

Thank you for reading and a thank you to everyone who has given me advice on my previous posts regarding this subject.

This is a very difficult situation so anyone who cannot provide any advice and just wants to post unhelpful, nasty posts, please don't.

To cut a very long story short.....
My parents 80 and 65 racked up £90000 of debt, they had a chance to clear it 5 yrs ago when they moved from a very large house to a large house (too big for 2 people) but chose not to.
The debt finally caught up with them 3 1/2 yrs ago and my father decided to take an overdose.
I at this point became aware of his suicide attempt. During this time myself and my husband (both 25 at the time with 2 kids) was about to apply for a mortgage to buy our own property, we offered to buy my parents house, give them £100000 to clear debt and we take £50000 out to pay all fees and use the rest for a deposit on own house mortgage. After getting the mortgage on their house it became apparent we could not get our own mortgage because they didn't and still don't pay any rent.
For the past 18 months we have struggled to pay both our own family bills and rent aswell as their mortgage. Even worse now with the arrival of our third child and job/wage changes. Basically we cannot pay the mortgage anymore. The money we had for our own mortgage has gone due to the last 3 1/2 yrs mortgage payments.

I have said many times we are struggling and they could not careless, they tell us to curb our spending and that we should move to a house that is too small for us while they lord it up in a house with two spare bedrooms.

We've finally reached breaking point a few months back when I couldn't afford my daughters school shoes. I told my mum and she told me to drop dead infront of my son. I've now also been told that they are not going to "roll over" and will not leave that house. They would not consider downsizing under any circumstances. They severely have delusions of grandure as they enjoy drink brandy over the fence with the neighbours! They are more concerned what the neighbours think with how this is affecting us.

We've told them we are selling the house in feb but know full well they will not allow an estate agent in.
We've offered them to leave in feb (over 2 months notice) and they can have what ever is left after sale (around£40000) but I know they still won't leave.

I believe only a judge would get them to move but would a judge actually make them move???

I feel like the worst daughter I'm the world but I have to put my children first for once!

This is a really long story (I apologise) but I haven't put into the above all the lengths we've gone to to try and keep paying for their house. It has tested our family, our finances and my marriage to breaking point and my parents just don't care!

Any advice on eviction would be greatly appreciated!!!
Thanks

Rocky99

Sorry for spelling mistakes etc typing very quickly while kids are quiet!

dimbo61

Stop paying the mortgage
Put any savings you have into your husband's brother, sister , mum or dad accounts.
Look after your own affairs and pay the rent on your place.
Once mum and dad get the letters and bailiffs knocking on the door they might get the idea.

Rosemary7391

Not only your children - you have to put yourself and your relationship first as well! I really don't know what to suggest to help you, but it sounds like you've done everything you possibly can to help your parents, well beyond what they could ask for. So don't beat yourself up about that. Wherever you go from here, I guess your options would depend quite a lot on the agreement between you and your parents. Do you have anything in writing at all?

Guest101

Hard to say for sure, so some questions?

Did u get a residential mortgage? Do they have any kind of tenancy agreement? ( this may not apply, but worth knowing) do they pay u any rent?

The crux of the matter is two fold could u legally move in? And are they protected tenants? So we'll try work it out

pinkshoes

Could you move into the house???

Guest101

pinkshoes wrote: »

Could you move into the house???

That may not be legal.

When_the_going_gets_tough

I think you need to take legal advice as to how to evict them so you can sell and move on with your own lives. Harsh but they have forced you into this situation. If you own the property they are either tenants or some other class of occupier. Get a good solicitor well versed in landlord and tenant law.

G_M

You say they have never paid rent.

Were they supposed to? (ie there was either a written or verbal tenancy agreement with an agreed amount of rent to be paid each week/month/quarter)?

If yes, they are tenants, in which case you evict them as tenants using a S8 Notice for rent arrears, followed by a court possession order, and, if required, bailiffs.

If no, they are 'Excluded Occupiers' with few rights and can be evicted without a court possession order.

Do you have keys......??

The above does not take into account any moral or relationship aspects of the situation.

Guest101

G_M wrote: »

You say they have never paid rent.

Were they supposed to? (ie there was either a written or verbal tenancy agreement with an agreed amount of rent to be paid each week/month/quarter)?

If yes, they are tenants, in which case you evict them as tenants using a S8 Notice for rent arrears.

If no, they are 'Excluded Occupiers' with few rights and can be evicted without a court possession order.

Do you have keys......??

Just a question, normally the advice is don't let sellers remain in the property as they can gain more rights than the normal tenant. Or did I dream this

BigAunty

Sadly, we do see lots of posts on here from landlords who have to evict close relatives who are poor tenants or elderly homeowners who have reached retirement age with significant mortgage debt and remortgaged properties with secured loans on them, etc.

Just to clarify - you both own their property and there's no tenancy agreement in place for your parents? Or if there is a signed tenancy agreement in place, they've ignored it? If there is a signed tenancy agreement, how many months are they in rent arrears? Was it just a verbal agreement?

Is this property in Scotland or England/Wales? This kind of information will help guide the posters here to give the right advice.

There is a tenancy checker wizard on the Shelter website which will indicate the status of your parents as either tenants or some other kind of occupier. It's a site designed for tenants and distressed home owners.

Read the Shelter section for home owners with mortgage arrears and how to avoid repossession. You can see that the previous suggestion made to 'stop paying the mortgage' can have serious repercussions and is a last resort.

If you don't have the appetite to serve notice on them yourselves, then employ a decent local solicitor that specialises in housing matters or see the Landlord Action website that has fixed fees for each stage.

Chances are, based on your parents attitude and behaviour, that you will have to get a court order, followed up by returning to court to enforce it through court appointed bailiffs so this could take quite a few months. Once you've clarified the tenancy agreement query, people can give you a better estimate of the time span.