Urgent advice needed

YoungBlueEyes

As they were already going to leave tomorrow, have they sorted out somewhere to live? 

Is there any way you (not FiL) can dial this back? Apologise profusely and sincerely, and offer to help them move? With money if necessary? 

Perhaps also show FiL this thread so he knows what may be up ahead if calmer heads don’t prevail... 

Angela_D_3

YoungBlueEyes said:

As they were already going to leave tomorrow, have they sorted out somewhere to live? 

Is there any way you (not FiL) can dial this back? Apologise profusely and sincerely, and offer to help them move? With money if necessary? 

Perhaps also show FiL this thread so he knows what may be up ahead if calmer heads don’t prevail... 

no what they’ve done  is phoned the council to find out if they will house them when they leave on Friday and the council has laughed in their face and told them to stay until the bailiff arrives 

oldbikebloke

Angela_D_3 said:

YoungBlueEyes said:

As they were already going to leave tomorrow, have they sorted out somewhere to live? 

Is there any way you (not FiL) can dial this back? Apologise profusely and sincerely, and offer to help them move? With money if necessary? 

Perhaps also show FiL this thread so he knows what may be up ahead if calmer heads don’t prevail... 

no what they’ve done  is phoned the council to find out if they will house them when they leave on Friday and the council has laughed in their face and told them to stay until the bailiff arrives 

no, the council has given the tenants the correct legal advice

Wheretostart90

The one tenant has spoken to his dad and even said he has no issues leaving but would like his deposit back whether that changes tomorrow, time will tell. 

The other was arguing on the phone with his dad with has riled him and he's going tomorrow regardless of what happens. My husband has just spoken to him, he wants him to go too. 

YoungBlueEyes

I was I was thinking that if they already had a plan to move and somewhere to go, that would be a better option than waiting for months just to get evicted and end up in temp accommodation, to then go on a council list (which may be protracted and ultimately fruitless).

Another idea - appeal to their good natures. Say they can stop if they don’t have anywhere else, and please bear with us while we sort out the gas certs etc etc. They may take kindly to a soft word, and that’ll give you chance to right the wrongs... (which I appreciate you didn’t know about, but needs sorting now really). 

MaryNB

Wheretostart90 said:

The other was arguing on the phone with his dad with has riled him and he's going tomorrow regardless of what happens. My husband has just spoken to him, he wants him to go too. 

Honestly the best thing your father in law can do is take it on the chin, apologise, and offer a cash incentive to leave. He may not want to but making nice and paying the tenant off is the only quick and easy way to do it (well, easy if the tenant accepts the cash incentive). In the end your FIL is likely get more money for the house if there are no tenants in it. The tenant has the upper hand and knows it. The law is very much on the tenant's side. If the tenant digs in his heels he could be there for a lot longer than 6 months....

oldbikebloke

Wheretostart90 said:

The one tenant has spoken to his dad and even said he has no issues leaving but would like his deposit back whether that changes tomorrow, time will tell. 

The other was arguing on the phone with his dad with has riled him and he's going tomorrow regardless of what happens. My husband has just spoken to him, he wants him to go too. 

then given your own lack of knowledge on housing matters, the only thing your husband should be doing is trying to get his father to stop DIY'ing, and instead to take proper legal advice on a plan of action for winding up the estate of his son.

If father is the duly appointed personal representative of his intestate son of course, and even if he is, the father not unreasonably in the circs appears to be acting out of grief, not rational thought, so should completely back away before he does something that will rebound. 

Wheretostart90

YoungBlueEyes said:

I was I was thinking that if they already had a plan to move and somewhere to go, that would be a better option than waiting for months just to get evicted and end up in temp accommodation, to then go on a council list (which may be protracted and ultimately fruitless).

Another idea - appeal to their good natures. Say they can stop if they don’t have anywhere else, and please bear with us while we sort out the gas certs etc etc. They may take kindly to a soft word, and that’ll give you chance to right the wrongs... (which I appreciate you didn’t know about, but needs sorting now really). 

I really wish I was able to get involved and sort it all properly and calmly, I can't see the big mad rush for them to leave if I'm honest as no offer has been made on the house. 
As I said they have been fine and friendly, known about everything all the way through its just a shame it is going to go like this but I think his dad is going in all guns blazing because he feels like he helped them, he's grieving and  it's all getting to be too much but he also won't let anyone else help or take on board what we are saying .

YoungBlueEyes

Is there any way you can get him to read this thread? 

getmore4less

Apart from the mess being created on the tenancy

Assuming no joint owner on the property 

If this is intestacy then as  the beneficary is the minor child then typically their guardian/parents have first right to administer the estate on behalf of the child.

https://www.thegazette.co.uk/all-notices/content/103347

There will be the need for a grant to process the estate if no joint owner.