Advice on eviction

BigAunty

The_Negotiator wrote: »

False hope is dangerous - this person needs proper legal advice not to amateurly issue S21 notices to try to cancel contracts. The first legal opinion received agreed with the so called "haters" in this thread.

The OP hasn't issued the S21 to directly cancel the rent-free agreement but to regain possession of the property to sell on and give the balance to her parents, to avoid the strong risk of repossession by the lender and bankruptcy by the OP.

The S21 may very well not work but many landlords issue them themselves.

Personally, I think it would be better PR in the forthcoming mud-slinging that the OPs parents will undertake if the OP simply allowed the property to be repossessed by the lender.

At least then, it is clear proof to friends, family, etc, that the main reason for the loss of the property was purely financial and not personal whereas the eviction route simply makes the OP look mean if others don't know the full picture.

BigAunty

Rocky99 wrote: »

They have told me they get £1200 per month and I know he has a secret pension the council are unaware of in an old account somewhere. They have the CT paid for too.

If he's concealed pension income from the council, then the chances are that the council have miscalculated his CT entitlement and that he may be committing fraud.

They may have entitlement to Pension Credit (complicated by the concealment of income).

Those with mental health issues that result in care issues can qualify for disability related benefits (think its attendance allowance for pensioners) and a carers allowance paid to the other care, I think.

If they did contribute towards the mortgage, it would not leave them with much money. Have you contacted Housing Benefit Officer to see if a HB claim could be successful this time and how to prevent its failure? What is the 1 bedroom rate of Local Housing Allowance in your area?

45002

For Reference

http://www.landlordzone.co.uk/forums/showthread.php?59914-Own-parents-house-but-they-refuse-to-pay-rent

Halle71

The_Negotiator wrote: »

I assume based on your responses that you are grateful to the people that have been sympathetic and said your parents are unreasonable, and not to those who have made the reality of the contract situation clear. I hope it works out for you but I think you are in a very difficult position. Where did the £50,000 cash go, for example?

Rocky has mentioned several times that the vast majority of the £50k went on fees involved in the sale/purchase and subsequent mortgage payments. Some was spent on a car that was then sold. She has admitted there may be a few thousand owing from that original sum that will go on future mortgage payments.

The situation is dire and people are trying to help with very useful suggestions but I'm sure she doesn't need strangers making her emotional situation even worse. A little empathy wouldn't go amiss. Don't forget, she has also 'lost' her parents and is struggling to care for her children. My brother has spectatularly fallen out with the whole family to a point that I believe we may never see him again and one result is that I have benefitted with a very large sum of money from my parents. But I would give it back to have things as they were.

She was a TWENTY FOUR YEAR OLD when she entered into this agreement and it was done purely to help her suicidal (or was he?) father. I know that at that age I relied heavily on my father (and still do almost 20 years later) for financial assistance and assumed he would do the best by me. Even though she said she had considered it as a future pension I suspect it was really done in a bit of a panic.

Sorry to waste space without any proper advice but I can't believe that people think the OP has gained from any of this or even went into it thinking it would be easy money.

Rocky99

Ok everyone I've found the tenancy agreement that both parents signed. It all looks there (as in similar to our tenancy)
But one part of the agreement states:

Under recovery of possession:

The landlord may bring a court action to recover possession of the premises even if any previous right to do so has been waived, if and whenever during the term (signed as a rolling contract)
-the rent is outstanding
- there is a breach by the tenant of any obligation or other term of this agreement, or
- the grounds for possession in the housing act 1988 schedule 2 part 1 grounds 2 or 8, or any of the grounds on part 2 of that schedule other than grounds 9 or 16 apply.

This is all signed well after the original lifetime free tenancy.
The terms are that they will pay rent to us.

What do you think? Is there anyway this could cancel out their contract?

Annisele

Rocky99 wrote: »

Ok everyone I've found the tenancy agreement that both parents signed. It all looks there (as in similar to our tenancy)
But one part of the agreement states:

Under recovery of possession:

The landlord may bring a court action to recover possession of the premises even if any previous right to do so has been waived, if and whenever during the term (signed as a rolling contract)
-the rent is outstanding
- there is a breach by the tenant of any obligation or other term of this agreement, or
- the grounds for possession in the housing act 1988 schedule 2 part 1 grounds 2 or 8, or any of the grounds on part 2 of that schedule other than grounds 9 or 16 apply.

This is all signed well after the original lifetime free tenancy.
The terms are that they will pay rent to us.

What do you think? Is there anyway this could cancel out their contract?

You need to ask a solicitor about this; it's a complex area of law.

Even if some random person on the internet said "yes, it cancels out your contract" you'd be no further forward - you'd still need proper professional advice on your own individual circumstances to get anything sorted out.

BigAunty

I wonder how the OP got on, if the property is closer to repossession by the lender, if the parents started to pay towards their accommodation or if the S21 was ever issued to evict them.