Can my daughter throw me out of my home?

pmlindyloo

You have signed a two year tenancy agreement so it is unlikely that your daughter can chuck you out unless you give her a legal reason to.

IMO I think it is extremely unlikely that you could prove that you and your daughter had a verbal agreement to live there rent free because you have paid rent and now signed a two year tenancy agreement. Your daughter could say it was a gift and she allowed you to rent one of her properties at a reduced rent as you are 'her mum'.

I am not a solicitor so have no idea whether my opinions are correct but I do know that it would be a long and costly battle.

So, what can you do?

Check your tenancy agreement. There is possibly a clause that says you must notify your landlord if a guest becomes resident n the property.

Read this to try and see you daughter's point of view.

https://www.ashburnham-insurance.co.uk/blog/2016/02/tenants-partner-moving-in-what-to-do/

Moving your boyfriend in may create a tenancy for him and there may be problems with insurance.
It would be interesting to have people's opinions on how a tenancy for him could be created.
Regardless of this, your boyfriend wold be taking advantage of your 'cheap' rent.

If you stayed in the house for a further 2 years as per the tenancy agreement then you would have saved approx. £24000 due to not paying the going rate for the house (£500 per month x 48) plus you have benefitted from your updating.
Your daughter has also gained in house value due to your updating. If she is willing to give back your 'gift' then maybe you could negotiate some extra money for the increased value of the house.

This does not answer the problem with your boyfriend I am afraid to say.

So, carry on until the end of the tenancy on your own and negotiate the amount your daughter 'pays you back'.

Or negotiate a surrender of the tenancy, negotiate the 'pay back', move in elsewhere with your boyfriend.

Unfortunately I suspect this is not going to end well either way - an estranged daughter and possible loss of your 'home'.

Comms69

pmlindyloo wrote: »

You have signed a two year tenancy agreement so it is unlikely that your daughter can chuck you out unless you give her a legal reason to.

IMO I think it is extremely unlikely that you could prove that you and your daughter had a verbal agreement to live there rent free because you have paid rent and now signed a two year tenancy agreement. Your daughter could say it was a gift and she allowed you to rent one of her properties at a reduced rent as you are 'her mum'.

I am not a solicitor so have no idea whether my opinions are correct but I do know that it would be a long and costly battle.

So, what can you do?

Check your tenancy agreement. There is possibly a clause that says you must notify your landlord if a guest becomes resident n the property.

Read this to try and see you daughter's point of view.

https://www.ashburnham-insurance.co.uk/blog/2016/02/tenants-partner-moving-in-what-to-do/

Moving your boyfriend in may create a tenancy for him and there may be problems with insurance.
It would be interesting to have people's opinions on how a tenancy for him could be created.
Regardless of this, your boyfriend wold be taking advantage of your 'cheap' rent.

If you stayed in the house for a further 2 years as per the tenancy agreement then you would have saved approx. £24000 due to not paying the going rate for the house (£500 per month x 48) plus you have benefitted from your updating.
Your daughter has also gained in house value due to your updating. If she is willing to give back your 'gift' then maybe you could negotiate some extra money for the increased value of the house.

This does not answer the problem with your boyfriend I am afraid to say.

So, carry on until the end of the tenancy on your own and negotiate the amount your daughter 'pays you back'.

Or negotiate a surrender of the tenancy, negotiate the 'pay back', move in elsewhere with your boyfriend.

Unfortunately I suspect this is not going to end well either way - an estranged daughter and possible loss of your 'home'.

It would only create a tenancy in very limited circumstances. ie where no written agreement existed and the LL accepted rent from him.


Not applicable in this case.

need_an_answer

christmas_carole wrote: »

No I met him after my break up with my partner of 8 years.

so just to be clear on this if I may.

you gave your daughter money with which she bought a house for you to live in,you met a man she didn't approve of whom you refer to as an ex but one you have stayed friends with.
You now wish to move him in to the property and your daughter does not approve hence asking you to leave.
did you live with this ex previously?

and all this has happened in 2 years?

I think you know exactly why your daughter dislikes this man,and he is the issue!

parkrunner

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.

Why not, she's treating you like a piece of dirt.

letitbe90

I think people are being hard on the daughter without seeing her side. I think OP is likely to make this guy with an ex criminal past who supposedly is now on the straight and narrow, better than he is.

The daughter seems to have no problem with her mother but this ex of hers - there is obviously more to the story than we know of. For all we know she is giving this ultimatum to protect her mother (and the property!).

need_an_answer

parkrunner wrote: »

Why not, she's treating you like a piece of dirt.

no shes not treating her mother badly,she's punishing her for the company she keeps.

It's very hard to disown a child,but it's also very difficult for a child to see a parent potentially "throwing their life away" with someone who isn't dad and isn't any good for their mother,in the childs eyes.

There are 2 sides here and I don't actually think either is being fair on the other.

Mum, whats stopping you making a home with the ex away from your daughter and the house she seems to covert?

hazyjo

letitbe90 wrote: »

I think people are being hard on the daughter without seeing her side. I think OP is likely to make this guy with an ex criminal past who supposedly is now on the straight and narrow, better than he is.

The daughter seems to have no problem with her mother but this ex of hers - there is obviously more to the story than we know of. For all we know she is giving this ultimatum to protect her mother (and the property!).

The only facts we have are that the daughter is wanting to boot her mum out (questionable morally and legally) even though she has a fixed tenancy. And the daughter apparently initially said it was a lifetime one and yet signed her up for 2 years. Not to mention the fact she apparently lied to the lender about who would be living in it.


Only way daughter would be in the wrong would be if none/some of what we've been told is true. Appreciated, there is obviously more to it - but if the mother's OH has a criminal record and isn't currently in prison, surely he has done his time...

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 (Deposits) on the understanding that one would be for me to live in rent free for the rest of my life.

Before moving in the rent free arrangement changed to £150 a month which I queried as that wasnt the original agreeement.

It was then agreed if I reinstated a back door, (There wasn't one) at the cost of £1500 I could pay £100, which I agreed to.

I have just signed a tenancy agreement in January for two years.

Last month I told her about me reconciling with an ex partner

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.

letitbe90 wrote: »

I think people are being hard on the daughter without seeing her side.

All the rent stuff went on before the ex appeared on the scene so I don't think the daughter is squeaky clean!

Marvel1

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.

If she does goes ahead report her for fraud.

lisyloo

You now wish to move him in to the property

Has is not occured to anyone else that this man might have re-appeared when he heard the rent was cheap?

This is why people should get legal advice because a solicitor would well have mentioned consequences of a life-tenancy i.e. she can move in who she want.

Perhaps the daughter has unwittingly made her mother attractive to scroungers. Perhaps she feels he's taking adavantage?

We don't know but I'd hazard a guess there's more to this.