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To ask if anyone’s been sued by their family member? Grandad is suing me and I need advice

519 replies

LaughingGiraffing · 19/11/2018 21:08

NC’d for this, but I’m a regular poster and sorry it’s a long one!

I’m a landlord of a small flat and around 3 years ago my mum moved back into the area and I rented the flat out to her. I wouldn’t usually do this but she would’ve struggled to find a place otherwise as she had practically no credit history. But I was clear that I’d still do everything by the book and treat her like I would any other tenant. She’d also bought some furniture - the flat was actually fully furnished before she lived in but she wanted to replace some bits with things more to her taste. I said yes as long as she either left it or replaced it when she left.

She didn’t last long, after 2 months she went back to where she’d moved from, and I was unable to get a tenant in for some time so used her deposit to cover rent arrears. She was fine with this and it was all done above board via the TDS. It turns out her dad, my grandad, had bought the furniture I mentioned above. Even though it would have meant me replacing bits, I offered to give it back to him. He said no as he had no room for any of it - he said if I ever came to sell the flat then to just sell the furniture on and give him the cash.

I’ve since found out he also funded her 2 rent payments, deposit, and a few other bits and bobs. Not my business but it’s relevant. I had no idea if the arrangement was a loan or a gift, nor did I especially care. At the time he asked me for the deposit back and I told him he’d have to speak to mum because I had to used it for rent arrears, and my agreement was with her not with the person who gave her the deposit (again I had to treat her like any other tenant).

Fast forward to now - a couple of weeks ago, 12 hours before we were due to fly our on holiday we found that we’d had fraud on our bank account. We had a bit of savings but not really enough for spending money (we stupidly left getting currency to the last minute). For the sake of not getting a short term loan, we went to a couple of family members to lend £300 each from them - including my grandad. We got back last week, luckily money was back in (and I opened a new account!). So I transferred the £300 to my grandads account on Saturday from the new account. Due to the account being brand new, it’s unfortunately taking 3-5 working days for the transfer.

The day after we got back I met him in a coffee shop for a catch up. He started having a go at me saying that he’s sick of people owing him money, that’s he spent 3 years chasing my mum for the money he spent on her when she lived in my flat. Fair enough - but he started asking me why I had ‘his’ things in the flat. I explained that mum left them and that he was fine with them staying in. He denies saying this. I said I could try and get them back but I would need to first replace them as I have a tenant in. He doesn’t want that - he wants the money for them. He asked me how much they all cost - I said I don’t have a clue, ask my mum.

All this time I had my 1yo son on my lap and he was being very aggressive, pointing at me, screaming and throwing his arms about. People were looking. He said he thinks mum owes him about £1600 and he is “transferring the debt to me” because it all relates to my flat. And I’ve said, I’m not paying for it, I will pay you back the £300 I borrowed, but nothing else. He said “No, you will pay me back this £1600, and its up to you if you get it off your mum, but you WILL be paying it to me because there’s no way I’m ever getting it off her.” I once again said no. At this point, the plan was to give him the cash for that £300, but I wanted a paper trail as I had a feeling this wasn’t the end of it. So the next day is when I called to make the transfer.

I spoke to my mum and said she needs to sort this with him. She agreed and sent him a list of what she owes him, furniture included, and said once he looks at it they can discuss how it’ll be paid back.

Today he called me demanding that I got to his house NOW because the £300 wasn’t in his account, I’m a liar. I explained it wasn’t instant and he was having none of it. He’d got mum’s letter, and “you lied to me, it’s £2,000 I spent on her”. I said I didn’t lie, I didn’t have a clue how much she owed and I never even gave a figure!! It was HIM who’d guessed it was £1,600.

After screaming at me some more, he revealed he is meeting his solicitor tomorrow because he’s taking me to the small claims court for this £2,000 plus the £300 loan. And that I had “better come up as soon as I can and discuss this face to face.” He then hung up on me. I didn’t go up, he was frightening me.

I’ve been in tears. I don’t owe him anything, and could do without being fucking sued by my own grandad. I guess, despite this letter from mum, he’s decided that I’m the one who now owes him because it’s obviously easier to bully me than to wait on my mum paying him back.

For context - we’ve done a lot for him including caring for him when he’s had operations, taking him out for lunch, taking him to airport for holidays, etc and we have never once been thanked.

I have no other family around me, my mum is abroad, my dad died and my brothers live far away. I can’t really afford a solicitor, and I don’t know a great deal about litigation. Does he have a case? Has anyone else been sued by a family member? It’s bloody awful, I don’t need this, I have enough on my plate, my DH is extremely depressed and has had suicidal thoughts, I’m trying to take care of him and I think this may tip us over the edge.

Before anyone asks the inevitable - no dementia diagnosis, he’s generally fit and healthy (though I know that doesn’t mean he won’t have dementia). It’s very possible that’s he’s actually just nasty, I’ve seen it in him for decades now.

OP posts:
mundaymoaner · 20/11/2018 18:57

i can't believe family treat each other this way. even op with her mum, i'd never treat my mum as any other tennent. shocked!!!

wowfudge · 20/11/2018 19:16

Not another one! Rtft. The OP was not running a charity and her bloody mother did the dirty on her by not sticking to the legal agreement they had.

Princessmushroom · 20/11/2018 19:26

Hi OP, sorry if this is covered but there’s 18 pages of replies.

The process for taking someone to small claims means they have to send you a ‘letter before action’ first and that needs to explain which point in law someone is claiming for. For example, a breach of contract. The first issue is that he doesn’t have a point in law to claim the money from you.

So then you have to respond to the letter within the time frame, then he submits the claim.

You then respond to it and you can enter mediation.

Then it goes to court if no agreement has been met.

I’m so confident that this will not, legally, come to anything. If it even gets as far as court. Which it won’t.

ferrier · 20/11/2018 19:50

Oh my .... what a thread! And yet another poster who doesn't understand the reality of covering costs. Op said about 24 hours ago that she reduced the rent so that it just covered the mortgage and that she was out of pocket when other expenses were taken into account. What more was she supposed to do? Wait for the mortgage to be foreclosed?!

Prawnofthepatriarchy · 20/11/2018 19:53

There are some extremely weird posters on this thread. Poor OP having to read all the shitty comments.

OP, you have done absolutely nothing wrong. I am so sorry you're having this RL shit added to by MN based shit too. Flowers

Jux · 20/11/2018 19:56

Labradoodle, presumably she doesn't want to. She's gone back abroad (3 years ago!) and has left op to it. The mum did write a note to gd that she owed him money, he thinks she owed him more, but as she's not paying it anyway in a way it doesn't matter.

Munday at least rtft before commenting and if there are too many posts to waste your precious time consider whether there may be a shorter and easier thread you could waste your time on. At the very very least, spend some time getting the op's posts highlighted, MN has a nice facility if you look about (you could even try searching for it) which will highlight all op posts. Failing that you could go to the bother of ctrl+F and just skip along.

LaughingGiraffing · 20/11/2018 21:47

Evening all

Sorry for going MIA I’ve been hit with a nasty bug (bloody kids 😫) and have been laid up all day. Just reading the rest of the thread from today, I have to say I was so stressed yesterday posting it and never thought I’d be howling laughing at responses so thank you everyone 😁

For those agog that I’d charge my mum rent - I did not know she would bugger off after 2 months, it was meant to be a 6 month minimum arrangement. Not many people can fork out £500 a month for six months to their parents and I’m astounded anyone thinks its cheeky to ask a family member to cover the mortgage payment of the property they’re living in. I am not some property mogul rolling in cash, I am an accidental landlord with one tiny flat. In my view I was doing her a favour by giving her a below the market rate in the flat. I can’t express enough that had I not charged her rent I would have defaulted on the house (or my own house) and she would be booted out when it was repossessed - leaving her with no home and me with no property. do you honestly think that’s a kinder way to go? Really?

And as for the deposit - let’s say she moved in on 1st May, and paid her first months rent on that day. Then the second instalment on 1st June. On 1st July she left with no notice and no payment. At the time, I did need that money to cover the mortgage payment. I had a bit put aside for an emergency but that’s for only when I was unable to recoup the costs. I think, given she had 4 months left on the tenancy, I was extremely fair. Had it been anyone else I’d have perused them for the whole six weeks.

Some of you may be able to fork out £500 a month to relatives but can you understand that not everyone is in that position? We have good months and bad months financially, not so good at the moment as DH is working part-time now - he’s self employed so no sick leave. He can get the work, so technically he could make the money but his MH is far more important and I’m not taking the risk of him exerting himself, to me that is literally a matter of life and death. So we certainly can’t afford £2,000 on a whim.

Random can I gently say that your parents behaviour towards you is not in the least bit normal. They are massive piss takers, and I don’t believe the virtue of “its our culture” gives them license to be so abusive and manipulative. Are they even sorry they’ve stiffed you with the homes you’ve bought for them? And I can’t believe they’d never speak to you again you refused to pay for a roof over their head. I can’t imagine treating my children so terribly, I’d be mortified at taking their money that way.

Anyway, my grandad hasn’t called today, and if he had, and I had time to leave the bathroom to answer, the way I’ve felt today I’d be very close to telling him where to go.

OP posts:
Oliversmumsarmy · 20/11/2018 22:23

All goes to show Laughing No good deed goes unpunishedGrin

CoughLaughFart · 21/11/2018 00:18

This thread is mad and cough is a bit thick

What a vile, utterly unnecessary dig. How am I thick for thinking it’s nonsense to throw away your landlord’s furniture, even if you do replace it? This is NOT standard behaviour.

StoppinBy · 21/11/2018 01:52

It's pretty clear from this thread that the only people who are entitled to own a rental property are the ones who could afford to either rent out said property for free or give the property away should the need arise Hmm

What a load of baloney. I just lent my sister money for a car...… note I said lent, not gifted. Many people work very hard for what they have and cannot afford to just give it to someone.

Never in a million years would I want to get ahead in life by taking from my kids and never would I expect to live in their property, that they could be renting out, for free. No decent person should expect that.

NoSquirrels · 21/11/2018 09:23

How am I thick for thinking it’s nonsense to throw away your landlord’s furniture, even if you do replace it? This is NOT standard behaviour.

Well, plenty of people (including me) explained exactly how and why it’s not nonsense but actually makes financial and practical sense in some situations, and perfectly standard.

Choosing to ignore new information and stick to your first perception may not be thick but is certainly not the hallmark of a flexible thinker.

SchadenfreudePersonified · 21/11/2018 09:30

AND you're dead right - March 2017 she met Putin for a coffee in Starbucks and kept the receipt for the Brexit engineering FB activity! It's all there.

Grin Grin Grin

LaughingGiraffing · 21/11/2018 10:56

Cough it’s very standard, several people have stated this!

OP posts:
CuriousaboutSamphire · 21/11/2018 11:08

Would it help if I said I am an inventory clerk (I really am) and tenants and landlords often come to terms regarding replacement of furniture.

OPs position is very common. Tenant replaces some furnishings for whatever reason, always with prior agreement, and when they vacate the property they either leave it behind, replace it with furnishings of similar quality, age etc, or pay landlord an agreed cash sum.

It happens a lot. Clerks simply re-inventory the replacement objects for clarity!

alreadytaken · 21/11/2018 11:30

Grandad hasnt called because his solicitor, if he has been to one, has laughed at him. Well not really but he will have politely been told he has no chance.

Ignore trolls - and clearly there is one on this thread.

MrsCatE · 21/11/2018 11:55

@Toddlepod and @Fromage completely agree with you. Will you join my "MoonLandingsDidntHappenEarthIsFlatQueenIsALizard" society and increase membership by 200%? It's catchy MLDHEIFQIAL for short.

Reading between the lines, it's obvious what the real issues are; the OP is jealous that her mother has promised to leave her Chateaux in Rheims to her younger brother, always the spoilt favourite who was allowed to nick ALL the green triangle chocolates from the Quality Street tin every Christmas. It smarted and OP has never forgiven her mother, oh yes.

Years later she got her revenge. Disguised as her mother, she persuaded her grandfather to part with his life savings - a bag of sovereigns hidden under the mattress (made for an uncomfortable night's sleep) - even though it would leave him eating bread and dripping for the rest of his days.

She then went to her mother and demanded that she downsized from her idyllic rose covered cottage in the Cotswolds to OP's flat, to help get rid of the people trafficking drug dealing squatters in situ.

Once her evil plan came to fruition, she arrived at her mother's door. Flanked by ex Stasi henchman she threw her (now dressed in rags and barefoot) mother onto the streets madly cackling "that'll teach you for not doling out the Quality Streets in a fair and equitable manner, HAH!"

She's now using the flat to store dry goods, canned food, bottled water, camping stoves, illegally obtained and out of date medication in anticipation of shortages following Brexit. She expects huge profits and to be crowned Queen of the Estate and then Empress of the entire free world.

@LaughingGiraffing, we've got your number and will thwart your evil plans.

LaughingGiraffing · 21/11/2018 15:03

@MrsCatE 🤣🤣🤣🤣 thank you for the laugh, hysterical!

OP posts:
TripTrapTripTrapOverTheBridge · 21/11/2018 15:19

Have only read a few pages but what happened to the original furniture? Surely it wasn't just taken to the dump or given away? Who would allow that?!

OP, normally a landlord would put the furniture in storage. If you sold it then you got something back so shouldn't really hold on to your mothers. If it was ditched your mad. If your mother sold it..

TripTrapTripTrapOverTheBridge · 21/11/2018 15:20

*you're

CuriousaboutSamphire · 21/11/2018 16:32

In short, she's mad, using your criteria!

MrsCatE · 21/11/2018 17:14

@LaughingGiraffing. Thank you, this thread is the ultimate gift that keeps giving!!!

[laughs hysterically at latest posts from TripTrap blah blah deletes Mumsnet and takes mere of shadow of former self to the Priory]

LaughingGiraffing · 21/11/2018 17:18

TripTrap do you know how much storage costs? A couple of months of storage would cost more than the items are worth, and as the agreement with my mum was for her to leave or replace the goods I was absolutely entitled to keep them.

OP posts:
CuriousaboutSamphire · 21/11/2018 17:20

Oh please Laughing don't explain it again - wait for triptrappy to RTFT! They'll catch up, eventually!

MoaningSickness · 21/11/2018 17:22

why do keep implying that my attitude is down to money when it’s not?

Only a rich person would think that the decision to give a family member hundreds of pounds a month was purely a moral decision, not a financial one.

I love my mother. If she needed a place to stay, she could have my bed and I'd sleep on the floor. I couldn't offer her a spare room let alone a whole spare apartment! Most people, including the op, don't just have that kind of wealth hanging around. If the op hadn't used the money from the deposit she would have lost the property.

How am I thick for thinking it’s nonsense to throw away your landlord’s furniture, even if you do replace it? This is NOT standard behaviour.

It's totally standard to do this (with your landlords agreement). I have lived in flats where I didn't like something supplied, and the landlord has agreed for me to replace it.

Yes, there may be the odd landlord like yourself who tells you to like it or lump it, but most (and certainly any I'd agree to rent from) are flexible.

LaughingGiraffing · 21/11/2018 17:23

So say I had a tenant who wanted to replace a fridge, washing machine and armchair with their own and I allowed this on the proviso that she replaced or left them at the end of her tenancy. And I sold what I had for say, £150. You think I should then dispose of the goods if she leaves them, and then what?? I have no fridge, washing machine or armchair, a £150 budget and the hassle of buying new ones. Does that make sense. DOES IT?!!

OP posts:
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