To throw my dads possessions out.

[Gigimoll]

So let me start, the house we're renting is my childhood home. My mom mainly poured all the money into it for me and my brother. My brother died a few years ago so the house is still legally my dad's but always still 'my home'. I've made it into that. I really struggle and I don't have a lot of money and my dad and his girlfriend ran it down to a filthy mess. I've given it love and paint and it's lovely now and I'm paying his mortgage, water everything. But it's not in my name or even that I'm renting.

So the main thing in this was a home for my family (dad has moved out as he's in so much debt for his ex and can't afford to live without my money) and my mom and stepddad decided to help us out (thank gosh) and put a percentage towards buying this house and we put the rest. The idea is in future we all move to the seaside. Me, My two children, my mom, dp and stepddad.

So my dad hasn't been a dad. He let his ex abuse us, wouldn't give my mom money for us and she really struggled with two kids, told me I'd only ever amount to be selling the big issue, you get the idea. A complete asshole. I have panic attacks every time I see him now after announcing my pregnancy with ds. He's a asshole to me over it. But pleased for his ex's 16 year old daughter who's gotten knocked up.
So yesterday I'd had enough. I've been asking him for months to collect the rest of his things. So I can sort the spare bedroom out for ds and put heating upstairs. He refuses to take it.
He then has his post delivered here still and blames me for loosing important letters (which I always put in the hallway to keep them all together.) when what he does is open them and leave them. It's driving me insane. I've put 3 grand into this home, new kitchen, bathroom etc and he wants all the money from it now as he can't stop going to gigs etc on his credit card. I want the only contact to be for the money now and that's it.

Am I in my rights to throw his things out now? It's been well over a year.

You dont' have a house, your dad has a house and you're paying for it.

I'm a bit concerned at all the goings on here. Is your partner living with you, Gigimoll? I see from your post that you think he's claiming income based JSA and that you're working. If you're living together, your income would have to be pretty low for him to quality for an income based benefit. It could be worth checking that he's not declared himself as single for the purposes of this benefit claim. I apologise if I've misread the situation.

Everyone else is right, you're giving your dad money but that doesn't mean he's paying the mortgage. You're in a very precarious situation here and I'm very worried for you and the baby. I doubt the mortgage co will speak to you so it will be hard to find out if the payments are up to date. I don't really know what to advise, other than speaking to a solicitor or maybe Shelter and try to get some concrete legal agreements with your father, or push him to move on with the sale to you

I wish you the very best of luck, OP. It must be so upsetting for you when you've put so much of yourself into the house. I do hope you get it

You are not renting. You are just giving your dad money each month. You have no idea if he’s paying the mortgage or spending it down the pub.

I don’t suspect he’s protected any deposit you’ve give him - if you have given him a deposit and I don’t suspect you’ve signed a lease.

You have nothing. Really nothing.

You say your dad is £80k in debt due to his ex.

It could be only be a matter of time before the house is repossessed.

As the house is in your dad's name any one of your dad's creditors can put a charge on the house which will ensure that when the house is sold the proceeds will go towards paying off this debt/s.

Of course your dad has been fobbing you off all this time!!

He knows exactly what he's doing!!

He really is lowlife to let you put ££ towards doing it up knowing full well soon the rug will be pulled from under you and you will be left homeless.

I would let the council know your situation asap so you can be on the waiting list to be rehomed if you have no money left.

At least you are aware of your vulnerable situation now thanks to MN.

Forget about it being your dad’s house, it’s academic. Your situation is that you’re renting to a person with no tenancy agreement in place. That person may or may not be defaulting in their mortgage. Again, it’s academic because you have no control over that or any situation.

You need to forget this house, and rent elsewhere in order to protect your family. Because if the ‘landlord’ is defaulting on the mortgage payments it won’t be long before he is served an eviction notice. He may or may not give you warning if the eviction date. You may end up getting a knock on the door from HCEOs giving you an hour or so to get out. Why risk it. Be proactive and deal with what information you have.

Because you are paying rent by DD there is a paper trail so eviction by him would not be too quick. The bigger worry is that he may take your money for living costs and not pay the mortgage with it leading to the house getting repossessed.

Speak to a solicitor and get some sort of agreement drawn up for him to sign. If he refuses at least you will know he never planned to do right by you.

You are all so vulnerable in this situation.

As to the original question I definitely wouldn't throw any of his stuff out until agreement is reached as pissing him off is not in your interests.

Because you are paying rent by DD there is a paper trail

The only thing paper this paper trail shows if that the OP gives her dad money. It proves absolutely nothing.

Because you are paying rent by DD there is a paper trail so eviction by him would not be too quick

That’s completely incorrect. The only thing it proves is that the OP is giving her dad money.

Without a tenancy agreement the OP has no rights

Documented everything. Every payment all written down and the dates included. My dad is clueless and doesn't have a clue how to sort things out. Which is hence why he hasn't gone to the solicitors but I can't do anything about that. The bills for power etc are in my name aside from water rates which I've tried to be put in my name, but they need my dad to hand them over. Which he can't sort out.
That IS the bonus here. Its a huge 3 bed that isn't that much for mortgage. It's cheaper than renting private for something the size of the living room for 550.
I do Intend to get my name on the council after ds is birthed next month or early April. It's at that point dp won't have been in a job for 3 months for paychecks so it's all we have.

Whose names are on the deeds that is all that matters the rest is the same as any tenancy

It is my understanding that even without a tenancy agreement, landlords are also bound by the Protection from Eviction Act 1977 which says that they can only evict a tenant if a possession order has been obtained first.

As soon as they go in and start paying rent, a tenancy will be created under s54(2) of the Law of Property Act 1925

@daisypond I think they are. It doesn't apply. My brother rented this property from dad before he committed suicide in it. There was no agreement. Nothing. At the time he wanted it written for him in dad's will. I asked citizens advice when dp was let go and she told me it was under different circumstances as he's my biological father. Which also means I could not claim housing benefit (not that I wanted to) not even dp could. I do want out. I love this house and at least I've bumped up the value but I want my money back. I've written all expenses down including my mom's that she's put in on paper so there's evidence how much we've both put in. We need to move out, I know. But I want X amount of it. This isn't an area I want to live in. An it's really negative on me knowing my brother lay dead on the living room floor. It was a temporary solution to get some money out from what we put in and a temp home for my daughter. It's lasted this long with no problems apart from my dad's attitude all of a sudden after my pregnancy announcement.

Could a solicitor help being as though there's written evidence of money put in to get it back?

Why haven't you been to a solicitor, got everything drawn up and taken to him to sign? Likewise get forms printed for water etc etc and get him to sign.

Dad is on the deeds. In his will it's left to my brother who is deceased.

My mom did. She went to them with myself and we were told it was my dad's house and up to him. We had no control in that situation. Unless it was bs.

I don’t understand any of this.

Have you given your dad £90k? Or are you paying it in instalments? Or are you paying ‘rent’? What is your mum’s involvement here?

It sounds like you’re in a very precarious situation, especially since your dad doesn’t sound like a very nice guy. With only a verbal contract, you have very little rights. What’s to stop him putting the house on the market once you’ve spent money doing it up? He could claim that the agreement was for you to live there cheaply and do the renovations. You need to either get legal advice or look for a place elsewhere.

So let me get this straight. You are paying someone else's mortgage for them, without anything in writing and are relying on the good will of an untrustworthy man. You do not have a leg to stand on, no legal rights and once the mortgage is paid off what is to stop him turfing you out onto the street? Or turfing you out tomorrow? This is madness! You need to seek legal advice now!!

Documented everything. Every payment all written down and the dates included

And this is counter-signed by your dad, right? With a clear statement that this is a RENT payment?

Because if not, it's probably not worth the paper it's written on.

He could claim (for example) that he has previously lent you money and that those are your repayments. He could produce a similar list saying he has paid you money on certain dates. Or he could claim that your list of dates is entirely made up. Unless you've both signed those dates it's menaningless

Gigimoll lots of people are trying to help you on here but you don't seem to be willing to listen.

From what you have said the situation is the following:
Your dad owns the house
You do not own the house. You have no rights over the house. You have no rights to any money back that you put into the house.
Your mum does not own the house. She has no rights over the house. She have no rights to any money back that she put into the house.
Your dad's ex may have rights to the house.
If your dad decides he wants to throw you out, or he wants to move back in or he wants to let someone else move in, then you are on the streets with no rights.
If his ex does have rights to the house and she decides she wants to throw you out, or she wants to move back in or she wants to let someone else move in, then you are on the streets with no rights.
Your dad is in a lot of debt. He may well not have been paying the mortgage. The house may well be repossessed and if it is you will be out on the streets.
Your dad is either unwilling to complete the sale to you or is unable to complete the sale to you because of the money he owes on the house.
Even if he does complete the sale to you, if it's less than market value it may well be over-turned anyway.

Whether you like it or not, so far every payments you have given to your dad will be seen legally as a gift. You have no rights. If you continue to give him any more money you do so knowing that this is a gift - not rent - and that giving him that money does not give you any rights over the house.

Personally I'd get the hell out now even if that meant renting a bedsit. But if you choose not to, at least you do so knowing that you are gifting him money and have no rights so at some point will be on the streets,

it all sounds complex. You really need to sort things out properly.

You need to be careful.Keep a clear record of what you're paying and ideally get some legal advice in the event that he decides not to sell to you.

If he is in lots of debt there is a risk he could be made bankrupt. If that were to happen and you have purchased the house for less than the "market value", a trustee in bankruptcy could seek any shortfall from you.

This is so confusing. We want to buy this house that you have lived in for a while and done lots of work to. But you don't actually want to live there as you don't like the area and your brother died there? Why do you want to buy it? Why do you think your dad owes you money back? This is all very strange You definitely need to go and seek legal advice, maybe if you explain verbally to someone what you want they can make more sense of this for you? You need to prioritise getting somewhere reliable to live though, speak to the council.

You have legal rights as a tenant, just because there is no paper work doesn't mean that you are not a tenant. Have a look at the link below. I'd suggest asking this question on a website like propertytribes.co.uk or on a landlords/property group on Facebook although be aware that although people's answers will be based on more knowledge than on MN there is still more opinion than fact.

<a class="break-all" href="https://www.google.co.uk/url?sa=t&source=web&rct=j&url=www.housingadviceni.org/advice-private-tenants/your-rights-private-tenant&ved=2ahUKEwjo47mf16_ZAhWFC8AKHTcEBB8QFjALegQIExAB&usg=AOvVaw36qG9DQycH-HJ_9mxeFHsM" rel="nofollow" target="_blank">www.google.co.uk/url?sa=t&source=web&rct=j&url=www.housingadviceni.org/advice-private-tenants/your-rights-private-tenant&ved=2ahUKEwjo47mf16_ZAhWFC8AKHTcEBB8QFjALegQIExAB&usg=AOvVaw36qG9DQycH-HJ_9mxeFHsM

Your dad isn't as clueless as he is cruelly pretending to be.

Surely you can see through it by now.