Advice on eviction

BigAunty

Guest101 wrote: »

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

Dream, I think.

About the only negative implication I can recall is that previous owners can be barred from getting HB when they switch to being a tenant in the same property for the first five years (except those who do this via Government schemes to prevent repossession/homelessness).

Perhaps this is why the OPs parents could not, or would not pay rent, as they would not have qualified for HB?

OP - how did you expect your parents to pay rent from their state pension - was it a modest amount from their existing income or were you under the impression that they would qualify for some HB? (Aside from the fact that they have lifestyle expectations that include relentless scrounging from their child at the expense of basic footwear for their grandchildren).

The OPs parents could have looked into the Support for Mortgage Scheme or the Mortgage Rescue scheme as a solution rather than burdening their child. However, SMI will only pay the interest part of the mortgage, ignore the remortgaged elements, won't pay for secured loans on the property, is capped both at an upper limit and in duration for certain types of benefit payments so perhaps wasn't attractive to the OPs parents. The Mortgage Rescue scheme has a specific criteria and perhaps the too large size of the property would have deterred the social housing landlord from purchasing it and letting the parents stay there as tenants, as the HB they may legitimately qualify for would not cover so many spare bedrooms.

Obviously it was better from a consumer/lifestyle perspective to continue to live in a large property rent free rather than bother with all those ghastly benefit related schemes that may have required them to downsize or pay in part towards their grand living.

DaveTheMus

dimbo61 wrote: »

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.

+1 without a doubt

BigAunty

Rocky99 wrote: »

.
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.

Can I ask why you feel obliged to give them this 40k? Were you sold the house considerably less than its value so feel beholden to hand over the remaining equity to them, for example? If so, what was the property valued at and what was it bought at?

It's just that they've plunged you into poverty and debt, wiped out your savings and you spent so much of your own money on the deposit/fees (plus the forthcoming legal and estate agency fees) so I wonder why they end up with a nest egg while you have lost so much? What's the logic behind this?

Was there anything legal in writing about what would happen if the property was sold, any other kind of contract aside from your ownership?

Rocky99 wrote: »

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

If they don't leave of your own volition, then only a court order will do. The fact that you are related or they were previous owners is irrelevant.

Once you have outlined their status on this forum (tenants with a tenancy agreement or other type of occupier) the posters here can outline the specific legal process or processes you should use to get them evicted.

Rocky99

Thank you all so much for your replies I will try and answer all the questions below

- once the mortgage was decided there was No discussion of rent or even thought of how this situation would progress years on, I know this whole thing is ludicrous but I felt I was so naive and stupid at the time. All that I was concerned with was that my dad was so far in debt he wanted to kill himself, if I could alleviate this then I would. Thoughtless when thinking of the future! The one thing that did happen was my dad hand wrote on a piece of paper that they could live there til death, all four of us signed it, no witnesses present.

-there was no tenancy agreement, not a penny of rent paid, or even an offer.

- no offer to help our situation by moving to a more affordable house/flat.

- the property is in England

- we really don't want to default on the mortgage as we would love to own a house we live in eventually, we've had to move 7 times this year due to our own finances not coping including moving temporarily into my husbands mums. The kids need stability which we can't give while paying for their house.

-the mortgage is residential and we have never missed a mortgage payment. I have advised them of the upcoming events and sale.

- I have sent a section 21 notice via recorded delivery giving them well over two months notice but know this will be ignored. And really not sure it will work as they are not technically paying tenants or have ever been?

Do you think a judge would evict them based on the above?
Would a judge consider the money we had at the beginning as 'rent'?

Thank you all again for your input!

G_M

By sending a S21 you may be implicitly acknowledging them as tenants and actually giving them rights extra!

Guests101 may be right- I'd overlooked the fact they previously owned the property. Errr..... not sure. That means their originaloccupation wasas owner-occupiers so I'm really not sure of their current status and rights...

think I'll back out and think about it.

Annisele

G_M wrote: »

By sending a S21 you may be implicitly acknowledging them as tenants and actually giving them rights extra!

I think G_M might be right there (but I'm not sure).

I don't think you should do anything else until you've taken proper paid-for legal advice from a solicitor. There are some very knowledgeable people here, but I think you need somebody to look at the whole thing - including all the paperwork.

If your mortgage lender knew the full situation at outset, you probably have a regulated buy-to-let mortgage. If the lender didn't know, and you have a standard residential mortgage, then you're probably in breach of your mortgage terms. (Edit: having looked at OP's other posts, I think there are more possibilities than just those two). You likely need professional help to work out the situation you're in and the best way forward.

I know professional help will cost you, but I think it will be worthwhile in the end. Since it sounds like your parents aren't going to be remotely reasonable, doing nothing will likely end in your bankruptcy.

Edit: I've had a look at the OP's other threads now, particularly this one, and I'm even more convinced they need professional advice. A non-exhaustive list of reasons for that:

• OP has been unhappy with the situation for at least a year, and it seems to be getting worse and not better. Doing nothing won't help.
• There's some argument that the OP's parents sold their house to OP at an undervalue, on the condition that they could stay in the house for the rest of their lives. OP therefore may not have the right to evict the parents at all.
• There are some elements of the story that might suggest mortgage fraud and undue influence (but I'm not a lawyer and I'm certainly not making any accusations). OP - I know you've accused people on your other thread of bullying you. I really don't mean to do that, but I think it's better to have that sort of thing suggested by a random forum member (so you can take advice) than to discover there's a problem after you've dropped yourself in it by saying something to the lender.

Rocky99

Ok I'm incredibly worried and please forgive my naivety but ' mortgage fraud'?? Is this because of it being a residential mortgage? I cannot believe that trying to help my parents out of their own horrible mess could potentially cause us a custodial sentence?????
The undue influence, it that parent to child as in suicide attempt etc or child to elderly parent? I can assure you both parents have ALL their marbles!!!

I apologise if this sounds aggressive, it's not I'm so very shocked!!!

I found a local solicitor I will be phoning Monday!!!
Thank you everyone ��

[Deleted User]

Rocky99 wrote: »

Ok I'm incredibly worried and please forgive my naivety but ' mortgage fraud'?? Is this because of it being a residential mortgage? I cannot believe that trying to help my parents out of their own horrible mess could potentially cause us a custodial sentence?????
The undue influence, it that parent to child as in suicide attempt etc or child to elderly parent? I can assure you both parents have ALL their marbles!!!

I apologise if this sounds aggressive, it's not I'm so very shocked!!!

I found a local solicitor I will be phoning Monday!!!
Thank you everyone ��

Mortgage fraud is rarely punished with a custodial sentence, it's the sort of thing that on a large scale can end up with legal repercussions but most of the time you'll just be in trouble with your lender. Prison in a situation like this is very unlikely, the most likely outcome is your mortgage is withdrawn and you suffer financial repercussions.

Did you falsify documents? Did your lender lose money? Did you orchestrate this over time? If you answered no to those questions (full criteria here) it seems unlikely you would ever be in deep legal trouble for this.

One of the mortgage experts will come along soon to help, but I've previously had a landlord that bought a property on a residential landlord to let out (to non-family, for profit) and from what I saw he was just made to pay a consent to let fee, and that was after getting into arrears!

ethank

So sorry to hear this, and it's a shame that your parents have taken advantage of you and your partners kindness.

Rocky99

Thank you so much so glad you posted this late at night, I would have spent the whole night awake!!
There was nothing falsified in the application, wages etc all accurate at the time of application. Circumstances have changed since ie our third child etc.

We initially did intend to live in the property if need be to just rid the debt situation but as time went on relationship initially between my husband and parents soured (my husband hated/hates the way they treat me) and became very apparent living as a big happy family would never be an option.

Since buying this house we have lost out in every way possible. We did have the money initially which has basically been used over the past 3 1/2 years to cover the mortgage, the house has lost at least £40000 in equity and I've lost my parents or had revealed to me what they are really like!! Not to mention the time, effort and heartache we've faced as a family to keep my parents living a life of luxury.
My 5 yr old daughter asked at Christmas why nan and grandad didn't like her anymore (after no acknowledgement over Xmas, not even a card) how do I explain this all to my kids!