Weird one

Valleymallows · 18 June 2019 at 1:30PM

Hi, this is a weird one really, 12 years ago I was living in a property owned by my father, during this time my father disappeared every now and again and nobody knew where he was actually living. I moved in with my now husband 11 years ago, my father was aware of this, since then he has abandoned the property completely and it has been broken into several times, the wooden window frames have rotted and at least one window has fallen out leaving the house open to the elements, I have spoken to him a few years ago when he said he couldn't afford to sort the property out (neither can I really) I have told him to cut his losses and sell but he refused at that time, I have tried calling him since then but he never switches his phone on or answers my messages or the many letters I have sent him. I have received bills for the property in the past which obviously have been cancelled as I don't live there anymore but it is a hassle I don't need coming out of the blue every so often! My question is.... Is there anything I can do regarding this property? As crass as it is, this is property that could be sold to use to pay for any care my father needs in his old age or could be an inheritance for myself and my siblings!

gettingtheresometime · 18 June 2019 at 3:42PM

Sorry to be blunt but are you sure your dad still alive?

If the house is in his name and he is, then the answer is nothing.

Primrose · 18 June 2019 at 3:58PM

If your dad is still alive. ...and I don,t know how often you are in touch with him, it's quite probable that the task of physically and mentally coping with the sale of it it is quite beyond him, even if he were willing.

It sounds as if he may possibly have some mental health problems because of the way he disappears for some time and stays out of contact.

Perhaps the only way of getting this sold is if you were go and see him and offer to take the whole darned troublesome problem of selling it off his hands and undertake the sale of it yourself.

It sounds as if you have probably had no face to face contact with him for many years so I don't know what the relationship is now like between you but it,s fairly obvious that nothing is going to be achieved by writing him letters.

Is your dad living on his own? He may be unwell, unable to care for himself properly in the day to day issues of life, let alone capable of facing up to the task of selling an empty dilapidated property. I think the first thing on your agenda may well have to be sorting out your relatiionship with your father rather than getting the house sold.

Fire_Fox · 22 June 2019 at 11:32PM

Welcome to MSE.

It is very sad that your relationship with your father has deteriorated such that he chooses not to contact you, and that you see his property as your inheritance. Do consider that your father may have written a will leaving everything to a charitable organisation, a friend or neighbour.

You cannot do anything with your father's house unless you hold Power of Attorney (property and financial affairs) or are your father's appointee or deputy. For this your father would need to be of sound mind and complete documents with a solicitor, or be medically proven to be incapable (physically or mentally) of handling his own affairs.

For future reference a PoA/ appointee/ deputy must always act in the best interests of the vulnerable person, even if that is counter to their own best interests.

Whilst your father is alive, you or your siblings could never sell the property with a view to inheriting. This is morally and legally wrong. If the property later needs to be sold to pay for residential care the council will initiate this.

Anyway you might search 'derelict properties' on the local council's website. You can also search 'disrepair' but this tends to assume the property is inhabited.

The local council can try to enforce repairs on your father, or choose to compulsory purchase the property and repair it themselves. Seeing your previous home once again occupied by a couple or family in need would be quite satisfying.

HTH.

tacpot12 · 23 June 2019 at 8:42AM

Alerting the council to the property and asking if they will compulsory purchase it will result in your father receiving the market value of the house, which will be lower due to its poor condition, but it will result in your father receiving some money.

If mental health is at the root of his inability to deal with the property, this money might be more of a headache. Getting a power of attorney (PoA) for your father could very useful. The PoA could be limited to granting you the rights to negotiate on his behalf for the sale of the house, and to manage the proceeds of the sale for his benefit. If at the end of his life, there are any proceeds from the sale remaining, these would be distributed in accordance with his will or the rules of intestacy.

There is a commercial route to sell the property as well. See: https://www.mirror.co.uk/money/how-made-6500-reporting-single-7895847

What to do with the proceeds would remain an issue if he accepted a commercial offer for the house.

I would move on this quite quickly as anyone could report the property to the council or a developer.

Weird one

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