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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:
CoughLaughFart · 19/11/2018 22:57

Well I think throwing a strop because someone disagrees with you is ‘GF’ behaviour too.

Myforgiven · 19/11/2018 22:58

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StoppinBy · 19/11/2018 22:58

I suspect that even if he sues you to get the property back he would only be entitled to what it is worth for resale value anyway (as it is currently in your possession I imagine that he can chase you for the property, same as stolen property can be removed from the current owner even if they obtained it in a legal manner but the person they got it from stole it).

Otherwise if he wants the full amount back he needs to get it from your Mum, he can't get the property back as well as the original purchase cost from your Mum.

LaughingGiraffing · 19/11/2018 22:58

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

I have two brothers. Should they also be giving him some money as ‘compensation’? If not, why not? I have offered to give him the furniture back, which he could sell - he’s said no. He wants the full amount that he paid for back in cash. This is apparently non negotiable.

OP posts:
TeaForDad · 19/11/2018 22:59

I wouldn't ever talk to that old git again

Justaboy · 19/11/2018 22:59

Blimey! what a toxic lot they are! His debt is with your mum, not you if you have given him the oppertunity to remove the furniture then thats about all your expected to do. Even that should be with your mums written consent as its her property not his, she bought it where she got the money from isnt your concern.

If he won't take it then tough shit mate!

His argument is with your mum not you!

ChodeofChodeHall · 19/11/2018 23:00

The furniture arrangement is perfectly reasonable. We wanted to rip a kitchen cupboard out and install a dishwasher and our landlord said that was fine, as long as we leave it behind when we move out. We've been here six years and have no plans to move out any time soon, so we've had plenty of use out of it!

There were a few other bits in the house that we didn't want: LL took some of them for her own house and the rest we just shoved in the loft.

I've always rented and this is a very normal arrangement.

MsSquiz · 19/11/2018 23:00

It is normal when renting a furnished property that if you wish to replace an item of furniture with your own and not store the landlord's original item, for the tenant to leave the replacement or be reimbursed.
If you want to furnish a property with your own items and take them with you when you leave, rent unfurnished... else every tenant could randomly dispose of the landlord's items and the landlord would need to replace for the next tenancy out of their own pocket.

Would you mum be willing to say in court that the issue with the furniture and money is between her and him, not you and him?

LaughingGiraffing · 19/11/2018 23:00

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PickAChew · 19/11/2018 23:01

If he really is going to his solicitor, then he mustn't need the money you don't even owe him.

LaughingGiraffing · 19/11/2018 23:04

Would you mum be willing to say in court that the issue with the furniture and money is between her and him, not you and him?

I would hope so...earlier she said that, if he ends up suing her instead, she’ll just claim they were gifts not a loan (I did say that was perjury and she could get into a lot of ducking trouble). So god knows. When she sent him the letter with the breakdown of what she owed she just included the itemised list and amounts, no context to it.

OP posts:
Vixxxy · 19/11/2018 23:04

He has no case IMO. And he sounds like a complete dickhead. I would have no more contact with this horrible man tbh.

BigChocFrenzy · 19/11/2018 23:04

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blackcat86 · 19/11/2018 23:05

You were able to have a very clear cut professional vs personal approach with your mother renting and you need to do the same with gf. He has been utterly vile to you. You need to go nc aside from any court issues. In what world does he expect to maintain a relationship with you after behaving aggressively when you have your child on your lap. Don't go trying to phone him to reassure him of the £300, you've done that ample times. Id personally do whatever I needed to to get his precious furniture back and dump it at his house as it's clearly more important than his relationship with you. You'll win in court and can leave that idiot behind you.

CoughLaughFart · 19/11/2018 23:05

I didn’t throw a strop, I asked why you thought it was ridiculous for a tenant to replace goods they’d asked to be removed.

I was referring to the needless, thinly veiled digs you made at me.

Eilaianne · 19/11/2018 23:05

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Oswin · 19/11/2018 23:06

Myforgiven why are you asking that?

ChodeofChodeHall · 19/11/2018 23:06

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LaughingGiraffing · 19/11/2018 23:08

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Myforgiven · 19/11/2018 23:08

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LaughingGiraffing · 19/11/2018 23:08

Phew. That was unfortunate myforgiven 😬

OP posts:
Worriedmummybekind · 19/11/2018 23:09

OP, Ignore CoughLaughFart - we’ve rented furnished places and replaced bits of furniture/equipment on the same basis you agreed to. It’s a perfectly normal arrangement and I’ve never had any issue with it.

CoughLaughFart · 19/11/2018 23:11

OP, Ignore CoughLaughFart - we’ve rented furnished places and replaced bits of furniture/equipment on the same basis you agreed to. It’s a perfectly normal arrangement and I’ve never had any issue with it.

Well I’ve never done it. Of course that’s not to say it never happens, but my personal opinion is that it doesn’t make sense. Okay?

riceuten · 19/11/2018 23:12

A dodgy solicitor will charge him something (no free 30 mins here) to send you a pass-ag letter. I think you can probably ignore it, or, at a push, get a solicitor to say you will defend yourself in the small claims court and will come after him for (considerable) costs.

Any decent solicitor will tell him to sack it off.

NoSquirrels · 19/11/2018 23:14

Oh! I reported your comment forgiven - see now it was an unfortunate wrong thread issue!

Cough perfectly standard procedure that the OP has laid out for replacement/unwanted furniture. Contract says furnished, tenant takes it ‘as seen’ but comes to an arrangement with LL for bits they don’t need. Have done it myself as a tenant (my own bed & mattress) and agreed to it as a LL (new sofas).

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