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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
ButchyRestingFace · 21/11/2018 17:32

I do actually have some sneaking sympathy for @CoughLaughFart's PoV sorry, not sorry. It seems a bit counterintuitive to choose to move into a furnished flat and ask to replace items (at a cost to yourself).

But that assumes there is an abundance of UNfurnished flats that meet your needs instead. There might not be. It may be that the furnished flat is perfect in every other way (price, location, amenities, etc) so offering to pay for the replacement of a sofa/fridge/whatever seems like a small price to pay for an otherwise ideal flat. And from the landlord's point of view, they might have a very good tenant who wants to stay indefinitely - so it's surely in their interests to accommodate that person as far as is reasonable. Smile

Anyway, it appears to be a perfectly normal practice so no point anyone getting their knickers in a knot over something that won't affect them.

BreakfastAtSquiffanys · 21/11/2018 17:46

"Well where does your Mum live now?"

OP - "In the shirt pocket of a giant. It’s a bit cramped but she has lovely views"

The above exchange might be my favourite bit of this entire barking thread

randomonhere · 21/11/2018 17:57

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

Confused

Excuse me if I’m being paranoid, but is this PP possibly referring to me and if so, why? I got involved in this thread yesterday - why would you think that?

I have apologised for any offence caused, but the fact is people do convert properties, pay care home fees or buy accommodation for relatives, elderly or otherwise. What is so outrageous about that?

Blanchedupetitpois · 21/11/2018 18:04

I have apologised for any offence caused, but the fact is people do convert properties, pay care home fees or buy accommodation for relatives, elderly or otherwise. What is so outrageous about that?

This is such a disingenuous retelling of what actually happened I actually laughed out loud on the train.

You didn’t just point out in an innocent manner that sometimes people buy properties for their relatives. You were specifically hostile towards and critical of OP for charging her mother rent, and made it explicitly clear that you consider her morally inferior to yourself because you are in a position where you didn’t charge your mother rent, despite the fact that the only reason for that is that you’re incredibly wealthy and weren’t reliant on rental income to pay your mortgage.

myrtleWilson · 21/11/2018 18:17

But to be fair blanche I think most of us agree that @myforgiven was the main racist troll on this thread

randomonhere · 21/11/2018 18:21

I never accused anyone of being “morally inferior” Blanche - those are your words. I did say that I was surprised, under the circumstances, that the OP had decided to keep her mother’s deposit money. So shoot me! This is AIBU. Are people not allowed to have varying opinions?

I have honestly never come across anybody that has charged their parents rent or deposits. This is the truth and I am not trying to be provocative. I was genuinely surprised. But if you think I’m a loon or disingenuous, then I take that on board. Mine is just one perspective in a whole thread.

I think the OP actually sounds lovely and who knows what the set-up is with her mother. I very much doubt the GD will sue her. The thread did strike a cord with me because of two scenarios we have had in recent years with MIL and then my mum. You have told me my family are “abusive” and I’m not taking offence at that. You are entitled to your view. My situation is real to me, yours is real to you, the OP’s is real to her - but they all exist.

ClaryFray · 21/11/2018 18:31

You can't sue someone else because the person who owes you money is not paying up. He's a twat.

LaughingGiraffing · 21/11/2018 18:50

random I really don’t think you’re the troll referred to but you can’t seem to understand or accept that not everyone can afford to build/buy a house for their parents to live rent free and that not everyone can afford to let their parents live rent free in a house they already pay for. You also won’t accept that it’s extremely unfair to give someone one day’s notice, with a month’s rent outstanding and not expect anything to happen as a result by virtue of it being a family member you’ve done it to

OP posts:
Blanchedupetitpois · 21/11/2018 18:52

My words, but your sentiment. You were judging OP for not being rich enough to do what you did. That’s pretty despicable. Perhaps you don’t know anyone else who would charge their parents rent - it wouldn’t surprise me, given your own wealth you probably know lots of wealthy people.

I do believe you find it genuinely difficult to imagine what life is like for people who don’t have access to the kind of wealth you have. I’m being generous and assuming that your attitude comes stems from this inability, rather than from a deliberate desire to look down on poorer people.

myrtleWilson I do agree with you there, not least because myforgiven was also a massive racist! Luckily they had been dispatched before I really got involved with the thread.

LaughingGiraffing · 21/11/2018 18:52

I have honestly never come across anybody that has charged their parents rent or deposits

Then you know people far wealthier than I. do you accept that I couldn’t afford to not charge my mum, and had I in fact not charged her I’d have had the house repossessed (or failed to feedback my kids) and she’d be homeless? Can you process that?

OP posts:
randomonhere · 21/11/2018 19:08

With respect, you have no idea about my background or where I come from and I don’t want to get into that. I was not even born in this country. My DH was a refugee.

Obviously I am in different circumstances now and if course I realise my situation is not everybody’s. This is the internet. You could be talking to someone MNing from a prison cell, or to multi- billionaires. Should everyone have to morph into what certain posters think is the acceptable norm?

I know many people in all kinds of circumstances, both in the UK and overseas including the Middle East. Of course I don’t only base my perceptions on my own immediate circumstances. Who does that? The fact is, in different circumstances, I still would feel uncomfortable renting to my own mum. Maybe that’s just me. No doubt you will tell me it is. But that is how I feel. People do all kinds of things for their parents. My cousin is a nurse and she is crippled paying for care for her mum with dementia, but she’s not doing it to be morally superior.

couchparsnip · 21/11/2018 19:29

Well done OP for sticking with this thread despite all the people that can afford to give away money!
I have rented out a furnished property due to DH being in the forces and us being posted abroad. Were anyone to get rid of beds or sofas and not replace them we'd have been really stuck!
Anyway. Your GF and your DM sound like pieces of work. I would go low contact with both. Your GF won't be entitled to any money from you so you're better off ignoring him.

user1457017537 · 21/11/2018 19:38

Random the politics of envy on this thread re anyone who is generous to family and parents in particular. Maybe Op’s DM could give her a bill for rent/mortgage paid putting a roof over her head as a child. Some people have short memories.

Blanchedupetitpois · 21/11/2018 19:41

With respect, you have no idea about my background or where I come from and I don’t want to get into that.

I don’t - but I do know you had nearly £700k to spend on a flat for your mum to use now and then when she wanted it. Regardless of your background, you are seriously wealthy now. In fact, I think it’s worse that you weren’t born rich - surely having been poor means you should understand that not everybody is in a position to give their parents a free house?

Should everyone have to morph into what certain posters think is the acceptable norm?

Nobody is asking you to morph into anything. YOU are the one who seems unable to recognise that people make different choices based on their wealth and circumstances. YOU are the one who judged OP for not making the same choices as you despite knowing that her financial circumstances are very different from your own.

The fact is, in different circumstances, I still would feel uncomfortable renting to my own mum.

Maybe you would. Maybe you would say ‘Mum, I can’t afford for you to live here for free so you have to live somewhere else even though it will be way more expensive for you’. Some people would judge you for that, and see it as you refusing to help your mum because you were putting your own feelings of awkwardness first. Would you like it if people looked down on you for that? Lots of people would judge your decision to not help your mum because it made you feel awkward much more than OP’s decision to help her Mum by charging her much lower rent than she would pay elsewhere. I’m sure you’ll come back and say you would someow help your mum and still not charge her but please try to understand that for some people this simply is not possible because they can’t afford to.

I can’t really be bothered to argue about this with you anymore.

Blanchedupetitpois · 21/11/2018 19:43

Maybe Op’s DM could give her a bill for rent/mortgage paid putting a roof over her head as a child

Yeah, maybe OP should have risked the roof over her own kids’ heads so she can give her Mum a free house.

Jamiefraserskilt · 21/11/2018 19:44

She spent his money on rent and furniture. She did not take it when she left or replace it or keep the original furniture.
You kindly offered it back which you didn't need to do.
He refused.
Her debt for rent and furniture is not your debt. The furniture is your mother's and she chose to leave it behind.
Pay him the £300 you borrowed and walk away. Let him look after himself. You have enough on your plate without his poison.
Any judge will laugh at this. You can't choose who is going to pick up a debt otherwise I would get my neighbour to pay my credit card bill!

user1457017537 · 21/11/2018 19:46

Of course, why didn’t I think of that, because the Op is the only one ever to have kids, a mortgage, bills and a buy to let.

saveforthat · 21/11/2018 19:47

Just catching up and would like to amend my previous post. This thread is mad and cough is a inflexible thinker. Thanks all.

Imissgmichael · 21/11/2018 19:49

I was going to leave this thread alone but users last post has pushed my buttons. What on earths the matter with you, what a really stupid argument. The OPs mum isn’t a child, she already has a property she owns. Yet people like user thinks she should provide her with a house when she can’t afford to.

randomonhere · 21/11/2018 19:51

Blanche - can you not just accept that, regardless of money, for some people and in some families there are different expectations about these kind of issues and leave it at that?

LaughingGiraffing · 21/11/2018 19:52

Of course I don’t only base my perceptions on my own immediate circumstances.

I find this immensely hard to believe when, despite being told numerous times, I have said that unlike you I cannot afford to needlessly fork out £500 a month for my mum.

Random the politics of envy on this thread re anyone who is generous to family and parents in particular. Maybe Op’s DM could give her a bill for rent/mortgage paid putting a roof over her head as a child. Some people have short memories

Just when I thought this couldn’t get any more batshit crazy.

User dear you’re confusing envy with bemusement. As for the second half of your comment - are you quite dim?

OP posts:
LaughingGiraffing · 21/11/2018 19:55

Of course, why didn’t I think of that, because the Op is the only one ever to have kids, a mortgage, bills and a buy to let.

Your point being?

So if your mum demanded you hand over £500 a month you couldn’t afford I’m assuming you would because faaaaamily.

Anyway not spoken to GF today but the money cleared in FIL’s account so I’m assuming it will have in GF’s account

OP posts:
CoughLaughFart · 21/11/2018 19:56

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?!!

You have completely misunderstood if you think I’m saying you should let your tenants throw your furniture away and not replace it. Of course they should replace it in that situation. What I’m saying is, don’t allow your tenants to just throw away furniture on the basis that they promise to replace it. If they want to replace it, THEY can sort the storage - not you.

I know certain people have tried to suggest I’d be a nightmare landlady, but surely it’s not that weird to rent out a property and expect to get your furniture back afterwards!

Oliversmumsarmy · 21/11/2018 20:12

I know certain people have tried to suggest I’d be a nightmare landlady, but surely it’s not that weird to rent out a property and expect to get your furniture back afterwards

I think you need to get your mind round the fact you are dealing with rented accommodation.

You are not going to be filling a flat or house with precious antiques or family heirlooms.

If you have taken out an Ikea table and replaced it with a similar size /shape /style table from Habitat. Unless the person renting has stored the original table to put back before they leave then the Habitat table stays.

Are people who rent out their places that attached to their furniture if the replacements they get look/are better than the originals

NoSquirrels · 21/11/2018 20:17

What I’m saying is, don’t allow your tenants to just throw away furniture on the basis that they promise to replace it. If they want to replace it, THEY can sort the storage - not you.

Or they can not replace it, and then the landlord gets to take the money from the deposit for replacements.

Why you’re so weirdly over invested in this pretty minor and standard tenant issue is beyond me. Never be a landlord, you don’t have the right mindset for it!