Can my daughter throw me out of my home?

christmas_carole

Because she asked me to, as I did when I moved in two years ago, she re mortgages every two years maybe thats why, I know now I've been an idiot and should have got something legally binding.

Comms69

christmas_carole wrote: »

It was a word of mouth agreement and I have nothing written down, I trusted her and her hubby completley, I have just signed a tenants agreement but once that is up can she end my tennancy?
I keep the house spotless and it it is beautiful inside and out, I'm very house proud.
When I moved in she actually said to me 'Don't use that shower as you'll get legionaire's disease', thats how filthy the bathroom was alongside the whole of the house.

FGS why are you signing tenancy agreements though??!!

How long have you been there?

Go see a solicitor now, today.

christmas_carole

Yes, it's my partner that is causing the problem, we were fine before this news came out.
I think the fact that she bought two houses at the same time and the other one is rented out having been fully refurbished by her as she did with all of her properties except mine, for a market rent of @ £500-£600 a month plus my £100 covers her mortgages on them, BUT she submits a false tenancy agreement to her mortgage provider saying I am paying full rent too and they also don't know I am her Mother, so a bit of mortgage fraud happening here too?
Does that change anything? I dont want to get her into any trouble or make things worse than they are but I can't sleep for the worry of it all and the rift it has caused. My partner lived there with me before and put all the boundary fences up improving the property, he is no threat to me or her only a decent help keeping the property maintained.

christmas_carole

Comms69 wrote: »

FGS why are you signing tenancy agreements though??!!

How long have you been there?

Go see a solicitor now, today.

I have been there two years past December, what kind of solicitor do I need? A property specialist?

soolin

I'm sorry I have rephrased this a few times and I can't make it sound anything other than accusatory, so forgive me. Looking at the background with your other threads you come across as a little naive with regards money and rights. Do you have anyone at all that you can ask for basic help just to decipher what's going in and what you've signed and agreed to?

Also, you mention your partner has a criminal record and I do understand this can be for very minor things, but could your daughter believe he is exerting undue influence over you and if so could she be trying to protect you? If you are perhaps a little naive you might not realise how your relationship with this ex has developed , which is why I wondered if you have someone away from the family that you could talk to without bias.

Mojisola

christmas_carole wrote: »

I gave my daughter £45.000 in January 2016 when I sold my house, it was half the equity and rather than wait until I died I helped add to her property portfolio and she bought two houses with that money

soolin wrote: »

I'm sorry I have rephrased this a few times and I can't make it sound anything other than accusatory, so forgive me. Looking at the background with your other threads you come across as a little naive with regards money and rights.

Got to agree with this. I can understand parents wanting to give their children a deposit so that they can buy a home to live in but the OP's daughter already had several houses.

If the unwritten agreement to live in the house for free for life can't be legally established (and signing a two year contract goes against that), the OP will find herself in a very difficult situation.

Having giving away £45k, she won't be able to claim any means tested help with rent if she's forced out of this house and has to rent elsewhere.

fairy_lights

christmas_carole wrote: »

Last month I told her about me reconciling with an ex partner who has a criminal past but is on the straight and narrow and we want to be together in the future.
She has now said that she will exit the housing arrangement and I will have to move out as he cannot live there with me.

What did he do? If it was a violent crime I can understand your daughters anger.

silvercar

christmas_carole wrote: »

Yes, it's my partner that is causing the problem, we were fine before this news came out.
I think the fact that she bought two houses at the same time and the other one is rented out having been fully refurbished by her as she did with all of her properties except mine, for a market rent of @ £500-£600 a month plus my £100 covers her mortgages on them, BUT she submits a false tenancy agreement to her mortgage provider saying I am paying full rent too and they also don't know I am her Mother, so a bit of mortgage fraud happening here too?
Does that change anything? I dont want to get her into any trouble or make things worse than they are but I can't sleep for the worry of it all and the rift it has caused. My partner lived there with me before and put all the boundary fences up improving the property, he is no threat to me or her only a decent help keeping the property maintained.

Are you sure that she has a mortgage on each property?

Generally a mortgage provider wouldn't need sight of a tenancy agreement. They would rely on the valuation to tell them the achievable rent.

If there is a BTL mortgage on this property, then it is likely to be a breach of the conditions to let to a family member. I wouldn't necessarily class it as actual fraud unless you could show this was the intention when she bought the property. If hmrc saw the false tenancy agreement they may want to question her tax bill!

It is very sharp of her to get you to agree to pay a small monthly rent as this establishes a tenancy, as opposed to her letting you live there rent free.

christmas_carole

Well obviously I don't think I'm naive.
Trusting your eldest daughter to stick to her word and believing I was safe in that house was something I did without thinking. I never dreamt she could do this.
I am not being gullible, vunerable or manipulated by him at all.
I have a friend who is a solicitor and yes he is trying to help but he is a conveyency expert so it's not his area of expertese really.

lisyloo

If the unwritten agreement to live in the house for free for life can't be legally established

Isn't £30K spend on the property an argument on the OPs side that on balance of probability that there was an agreement to stay there long term? (if there are receipts or bank statements coupled with photos).