Advice on eviction

BitterAndTwisted

Did your parents sign this cobbled together tenancy agreement and did the council accept it as proof of their obligation to you? Did your parents ever actually receive a contribution towards their rent via Local Housing Allowance from the council based on that TA?

BigAunty

Rocky99 wrote: »

Hi

The tenancy agreement was something we took to the council as I wanted to be prepared on all angles. The council officer we spoke to was told every single detail about this transaction, there was no information held back. Everything you all know, they know.

If there are any parts of this whole situation that appear underhand or wrong on my part I can assure you that is not the case.

Sorry, I definately didn't mean to imply that there was anything underhand about looking to see if the rent on your parents formerly owned property could be paid by HB, more that its rejection should have led to thoughts or a plan about how they would manage to pay for their accommodation without it.

Rocky99 wrote: »

As time goes on and the story unravels I am feeling so cross and disappointed with myself for allowing this to have happened!

Perhaps you have to grow a pair and realise you have to turn this anger outwards and feel cross and disappointed with your parents for forcing this to happen. Yes, on one level you consented but then was greviously abused by them.

Essentially, you've been conned for many years by your money grabbing and frivolous parents who continue to emotionally blackmail you and live the high life at your expense, without showing an ounce of gratitude. Most victims of cons and scams get frustrated at their naivity, the way that their kindness has been seen as a type of weakness by others who target them, the loss of trust they experience, feeling bewildered. You were enslaved and dominated by them.

You are now waking up and extracting yourself from their direct pressure. This distance is leading to your new awakening about how far you've been exploited and how much your parents must have rubbed their hands in glee at your self sacrifice so they had no need to modify their lifestyle or spending.

You are going to get angrier now the denial phase has ended and your parents, who have a grand sense of entitlement, are going to get worse.

If you read those threads I posted that originated from other people exploited by their relatives, you will see that those spongeing off others go to extreme lengths to protect their position.

For example, one woman who wouldn't leave the family home that was up for sale threatened to set her dog on her sister. On the other thread, the guy who was evicting his father who didn't pay a penny in rent for years actually intercepted his mail and the whole family bombarded him with threats, then pleas, to try and get money off the sale of the property which only he paid for and which his father had extensively damaged.

I think you may have to cease any communication with them and restrict your comms to formal letters from your solicitor because they are going to test your resolve with sob stories which have already commenced. You may have to accept that your relationship with them is just too toxic to continue. Frankly, the way your mother has acted towards you and your husband and children is abysmal and insulting.

Rocky99

Hi again
Thank you all so much for your support and advice it has helped me more than you will ever know!
I have an appointment with a solicitor on Tuesday and am currently building a file of all the relevant documents.
I emailed the housing officer who we had our meeting with back at the beginning of 2013 and although she said she cannot tell me anything, she did say she was having trouble getting hold of them.
I'll update with what the solicitor advices, wish me luck....

lmille38

Just curious if there was an update or positive outcome?

Hope you got on well at the solicitor!

BigAunty

Rocky99 wrote: »

I emailed the housing officer who we had our meeting with back at the beginning of 2013 and although she said she cannot tell me anything, she did say she was having trouble getting hold of them.
....

Getting hold of the HB application and file of docs or getting hold of your parents to speak to?

A HB application is made by the tenant,they are the ones with the direct relationship with the council as claimants. A landlord(i.e. you) can supplies copies of the Tenancy Agreement for example but due to data protection rules is not privy to the claim itself.

If you want to know if your parents have any real prospect of getting HB after the 5 years of ownership has lapsed, contact the poster called 'Housing Benefit Officer' either directly by message or by posting the details on the Benefits forum concerning the original rejection of HB.

If they do now qualify for HB, note that it will only be at the Local Housing Allowance rate for a 1 bedroom property as that is the only size entitlement for a couple - see your local council website for this rate- how much lower is it than the mortgage? They still may get considered as having deliberately deprived themselves of capital.

Also, any equity in the property could possibly affect your entitlement to benefits when the Universal Credit system comes in - currently landlords with a low income can qualify for tax credits but tax credits get scrapped under UC and I believe there are changes to include capital in a property that is not owned and occupied but I'm not totally sure if this is only for a second property or whether occupation is the main key.

Rocky99

***update***
Well spoke with a solicitor yesterday and we are completely screwed. When we completed the mortgage my father drafted together this 'contract' which states they can live in the house rent free until death, we signed it only because I believed it would give my parent piece of mind. Well this piece of paper has got a lot of power and he feels any court action would be hopeless due to the fact they only sold the house to us on the proviso they could continue to live there.
We can't sell it, we can kick them out, according to solicitor default is only option and we really don't want that!!!

Help!!! Any advice/thoughts?
We are considering a second opinion, can anyone recommend a solicitor who could help?

We have entertained a lot of different ideas but none I feel will give us the desired results
-husband move in with them
- sublet a room to a complete moron??

I cancelled the mortgage direct debit in a rage the other day, the company have sent a letter to their address advising the payment has been cancelled.
They have opened our letter and sent it to us today, no car for my boy, just the opened letter!

Please help.....

pinkshoes

If you default on your mortgage, it would screw up your chance of getting another mortgage for years.

But... on the other hand, would it save you money in the long run? If you're already renting, it just means you'd pay your rent and nothing else until you got a decent credit rating again.

Or you could move in and take up drumming and the trumpet? Hold loud parties every weekend?

Guest101

Rocky99 wrote: »

***update***
Well spoke with a solicitor yesterday and we are completely screwed. When we completed the mortgage my father drafted together this 'contract' which states they can live in the house rent free until death, we signed it only because I believed it would give my parent piece of mind. Well this piece of paper has got a lot of power and he feels any court action would be hopeless due to the fact they only sold the house to us on the proviso they could continue to live there.
We can't sell it, we can kick them out, according to solicitor default is only option and we really don't want that!!!

Help!!! Any advice/thoughts?
We are considering a second opinion, can anyone recommend a solicitor who could help?

We have entertained a lot of different ideas but none I feel will give us the desired results
-husband move in with them
- sublet a room to a complete moron??

I cancelled the mortgage direct debit in a rage the other day, the company have sent a letter to their address advising the payment has been cancelled.
They have opened our letter and sent it to us today, no car for my boy, just the opened letter!

Please help.....

I'd be questioning such a contract! However simple solution, move your family in, live as u wish and watch them run

dodger1

Rocky99 wrote: »

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,

Rocky99 wrote: »

***update***
Well spoke with a solicitor yesterday and we are completely screwed. When we completed the mortgage my father drafted together this 'contract' which states they can live in the house rent free until death, we signed it only because I believed it would give my parent piece of mind.

So rent was discussed. By all means get a second opinion but it's starting to look like the default route (assuming you can't legally move back in and make their lives a misery). I'd return the non payment letter to your parents telling them that it is no longer your concern and no further mortgage payments will be made.

It may give them the kick up the backside they so obviously need but if it doesn't and you can't do anything legally then say good riddance to your parents and restart your own lives, your children are far more important than your parents.

Guest101

What did the solicitor state was their legal definition of occupation? Tenants (protected?)