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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:
BewareOfDragons · 19/11/2018 22:34

He has no legal grounds to pursue you for money he lent your mother.

And he may not have a dementia diagnosis, but he sounds like he has some memory problems and anger issues that could be made worse by such things ... perhaps he needs to be assessed to see if such a diagnosis is suitable.

TheFreaksShallInheritTheEarth · 19/11/2018 22:36

Stop worrying, he'll get nowhere. You've repaid your debt, now you're suits; he needs to pursue your mum.

You posted about this before, didn't you, before it escalated? If that was you remember you received a resounding YANBU.
I'm sorry you're going through this unpleasantness from family members.

Bluntness100 · 19/11/2018 22:36

He has no legal grounds to pursue you for money he lent your mother

Well. No, but if a large part of that money is the deposit he gave the mother and the op kept and hasn't repayed after the mother left, I can see why he'd be pissed at rhe pair of them.

LaughingGiraffing · 19/11/2018 22:37

Bluntness no I don’t owe my mum the deposit back, she left with one day’s notice (as opposed to one calendar month she was supposed to give) on the day the rent was due (which she didn’t pay). my next tenant wasn’t able to move in for six weeks, so I used the deposit to recover the unpaid rent for the notice period she should have served if this makes sense. All above board and approved by the TDS, and my mum was happy with letting me keep it. So I actually lost out on 2 weeks rent!

OP posts:
TheFreaksShallInheritTheEarth · 19/11/2018 22:37

*quits

Prawnofthepatriarchy · 19/11/2018 22:39

I appreciate being sued by your DGF is very upsetting. But don't worry about the Small Claims Court.

When I had a small business I had to take four different cases to the Small Claims Court and I won every time.

If your DGF does sue, you will receive a document from the court setting out his claim and supporting arguments, plus copies of any documents he's relying on as evidence.

You then send your response back to the court and wait for a date. Be clear and strictly truthful. Better say you have no proof of something than try to bluster. Put in everything you would want to say in court.

On the day it's very informal. You sit at a table with the judge and take turns explaining your side. People don't normally have a solicitor though I expect you can have one if you want. I never felt the need for one, and you won't need one either.

The judge makes a decision on the spot and in each case the judge took a very straightforward approach. It's all in plain English and they take care that you feel comfortable. The Small Claims Court is designed so people can settle small disputes without legal representation.

If your DGF is taking the piss and hasn't got a genuine case this will not go down well. Judges really don't like it. At the end of one case I was involved in the judge got cross with the other side. They'd wasted the court's time as well as mine. He asked if I was quite sure there wasn't anything else I could reasonably claim as he was minded to approve it. Grin

If your DGF does see a solicitor about this he may be told he doesn't have a case. But even if they say he stands a chance I'd guess they'll warn him off. It's an expensive course of action if he's paying for a solicitor.

Don't panic. If you end up in court you're going to win. But I entirely sympathize with the distressing circumstances. Flowers

LaughingGiraffing · 19/11/2018 22:39

I did TheFreaks. I think the lesson I’m taking away from this is never mix family with finances. Hindsight and all!

OP posts:
mumsastudent · 19/11/2018 22:39

www.shoosmiths.co.uk/client-resources/legal-updates/disposal-goods-tenancy-terminated-abandoned-property-8270.aspx not just in abandoned property basically unless your mother gave you written permission you are in a legally vulnerable position -especially if your mother owed you money (this sounds daft but its true) you have to store their goods & re deposit are you aware that you MUST hold the deposit in a deposit scheme? if you are a land lord please check the law for your own sake,

Bluntness100 · 19/11/2018 22:39

Then his issue is with your mother not you op.

Jux · 19/11/2018 22:40

I'm a LL. I would be happy with the same arrangement re furniture as you, op. Unless it's properly antique or something, of course, then I'd just try to incorporate it into our own house.

BrightYellowDaffodil · 19/11/2018 22:42

@OP Please don’t worry, he hasn’t got a leg to stand on. Even if he found a crappy solicitor who was willing to proceed to a SCC with an unsupported claim, it would be laughed out by a judge. The law simply doesnt permit for a debt to be transferred by the creditor (the person who is owed money) like that.

As for the furniture, it’s quite normal for there to be give and take between landlords and tenants around replacing stuff/leaving it behind when the tenant leaves. I’ve rented two furnished properties and had some items removed, replaced them with my own then either left the replacements or bought new stuff to replace the original stuff (IYSWIM) when I left. It’s called give and take!

And, as an aside, at what point did someone being old/a pensioner excuse bullying behaviour? [confused)

mumsastudent · 19/11/2018 22:42

I do sympathize over the bullying your gf has done he is really trying it on -for any private land lord I recommend belonging to one of the landlord associations to check you are obeying the fast changing complex & confusing laws

KTheGrey · 19/11/2018 22:43

Your grandfather loaned the money to your mother. If any obligation exists it is hers, as he loaned her the money. Legally you aren't involved, and so any solicitor will tell him.

They will also tell him that there is no point pursuing your mother if she hasn't the money to pay, and even more so if she's abroad.

It really isn't your fault that your grandfather loaned your mother money, or that your mother is unreliable. And the law, if not your grandfather, will agree with this.

Purpleartichoke · 19/11/2018 22:46

I have worked out with a landlord that I would like to replace something in the home. In my case this was always appliances. It was always the case that I could replace the fridge or stove or whatever with an item of better quality, but that I must either pay to store their appliance and put it back when I leave or leave the new appliance I bought. Storage fees are crazy. It always made sense to sell the crappy landlord supplied product and leave my not so crappy version behind when I moved

BoooForYou · 19/11/2018 22:48

As long as you can show with your bank you made the transfer before he went off on one, you're fine.
As for the rest, I'm not sure but isn't there a precedent that items bought or money given without a written agreement to be paid back are seen as gifts so not something he could you or your Mum for anyway?
Not to be rude, is he quite elderly? Only asking, as my Gran, god love her, was the most generous lady ever, then she got quite unwell and would snap at people for robbing her and taking money and not paying it back. It was so upsetting and out of character but it was the first sign of dementia.
If that's not possible, I would decide if you need him in your life at all.

LaughingGiraffing · 19/11/2018 22:49

especially if your mother owed you money (this sounds daft but its true) you have to store their goods & re deposit are you aware that you MUST hold the deposit in a deposit scheme? if you are a land lord please check the law for your own sake,

Of course im aware deposits need to be in a deposit scheme, I’ve mentioned twice now that I went through the TDS (tenancy deposit scheme) to agree that I would keep my mum’s deposit.

Also re your link - in essence what it says is landlords have to try and make reasonable efforts to trace their tenant to return their property, and a reasonable time to store goods is 14 days, after which they can be disposed of by the landlord. I knew where my mum was, and as my contract was with her, it would be reasonable to assume they were her goods. However, because Shes my mum and I knew where the money for them had come from I did ask my grandad if he wanted them back, to which he said no. That was 3 years ago, landlords don’t have to store tenants stuff indefinitely. It’s another law I am aware of, and recently had the pleasure of exercising as the last tenant left some smelly socks and blood stained bedsheets in the flat and they sat in our hall for 2 weeks before I binned them as he wouldn’t answer his phone to me - just in case he wanted them back Envy (not envy)

OP posts:
LaughingGiraffing · 19/11/2018 22:50

And I also do belong to a landlord association, I promise I know my stuff and take it very seriously

OP posts:
LaughingGiraffing · 19/11/2018 22:52

And he’s 84. Boooo that sounds familiar my gran went exactly the same way, got very paranoid about money and people robbing from her Sad

OP posts:
JassyRadlett · 19/11/2018 22:53

re deposit are you aware that you MUST hold the deposit in a deposit scheme? if you are a land lord please check the law for your own sake

Oh Jesus Christ. OP has mentioned TDS TWICE, including in her OP, and confirmed that the arrangement was approved by them.

She’s also been very clear about the terms under which the furniture is in the flat. The link you posted is not relevant.

CoughLaughFart · 19/11/2018 22:54

CoughLaughFart I’m not sure what your issue is with my perfectly fair and reasonable terms of the tenancy agreement, and I’m still not sure how it is ‘ridiculous’, but I do wonder if you are physically able to post a MN comment without getting some snarky dig in. Like I say, I am a regular in these parts.

What the hell does you being ‘a regular in these parts’ have to do with anything? Why the hell do you think it’s appropriate to make comments like this and then accuse ME of ‘snarky digs’? What’s this if not a dig?

If you’ve got something to say, fucking say it.

JassyRadlett · 19/11/2018 22:55

Sorry, Laughing, cross post!

garethsouthgatesmrs · 19/11/2018 22:55

I wonder why everyone is tiptoeing round your mother.You won't allow her to be stressed out by this because of her operation but you don't mind your old grandad being stressed and what about you? As for Grandad I don't see his reasons for not pursuing it. I assume there is something about your mum's background that makes her vulnerable. Realistically the two of you should chalk it up to experience and move on but for the sake of keeping the peace once he has dropped the nonsense about small claims court I would offer him an amount which is fair compensation for the furniture. Ofcourse you don't have to do that,it just seems a reasonable compromise given you both tried to help your mother and he is down £2k while you are covered.

Fstar · 19/11/2018 22:55

The loan was an agreement between your mum and geandad, nothjng to do with you (apart from the 300). Dont worry about it, he is angry at your mum and taking it out on you. Cut all contact, you dont need the agro

LaughingGiraffing · 19/11/2018 22:56

If you’ve got something to say, fucking say it

Confused

Good grief calm down Cough

Well I get to know the names of posters I think are GFs. And I still don’t understand why you think it’s ridiculous for tenants to replace items they’ve asked to remove from a furnished house?

OP posts:
Eilaianne · 19/11/2018 22:56

OP you sound like you're handling this very professionally - your mum and grandfather sound like toxic messes!

Your mum should hang her head in shame - she's treated you worse than a tenant stranger would - not paying, causing the furniture confusion, and suchlike.

And your grandfather doesn't have a legal leg to stand on, he can't just "transfer" a debt to another family member because the original one won't pay up, unless he's relying on bullying you into it - there's no legal basis for his claim, and other posters have already pointed out the details of why in terms of having a certain level of proof in a small claims court ruling (don't worry about your credit file, your grandfather can't do anything to harm that with his buffoonery).

I'd take this whole mess as not JUST a lesson to never mix family and finances, but to take a step back from the lot of them.

Your mum didn't deserve you bailing out her crappy credit/not able to get a private rent problems, and your grandfather is acting appallingly for taking out his frustration with her on you. Terrible behaviour.

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