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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:
NoSquirrels · 19/11/2018 23:17

my personal opinion is that it doesn’t make sense

It makes sense when you need most items of furniture and white goods, but prefer to have your own bits of specifics e.g. sold all your possessions except the family heirloom triple wardrobe (or whatever).

Alfie190 · 19/11/2018 23:18

You took and kept a rental deposit from your own mother? Wow. You clearly take after your grandfather.

CoughLaughFart · 19/11/2018 23:18

But the OP is saying it’s standard to leave the furniture behind. Surely you wouldn’t do that with heirlooms?

CoughLaughFart · 19/11/2018 23:19

You took and kept a rental deposit from your own mother? Wow. You clearly take after your grandfather.

But she was a tenant. Why wouldn't you take a deposit?

mrsmuddlepies · 19/11/2018 23:22

You should not borrow money from a confused, elderly man even if he is your grandfather. He obviously feels hard done by and his resentment against you will grow unless you make an effort to sort things out.
Of course you can decide to cut contact but in the end, you may well be the loser. He is upset and angry. It doesn't seem right to have borrowed money from him and then not try to help him recover his money .
There are some very ageist and unpleasant comments on here. I feel sorry for him.

C0untDucku1a · 19/11/2018 23:22

Your mother is the problem. Her behavioir has and continues to be disgraceful.

NoSquirrels · 19/11/2018 23:22

But the OP is saying it’s standard to leave the furniture behind. Surely you wouldn’t do that with heirlooms?

No. So if you knew you’d be taking the heirloom triple wardrobe with you when you left, your choice as tenant is to pay the storage charges for the LL’s existing wardrobe, and move it back in at the end of the tenancy, or sell/dispose of the LL’s wardrobe and replace like-for-like at the end of the tenancy, or leave no wardrobe and the LL takes it from your security deposit.

Basic principle is that the LL gets back what they rented out, and it’s up to you as the tenant to pay the costs of making that happen.

StoppinBy · 19/11/2018 23:22

Thinking about this post a bit more I actually think that the furniture belongs to your Grandfather as your Mum has not paid him back BUT if your Grandfather were to take the furniture back your Mum would still be responsible for replacing the furniture as you would be now missing that furniture that she originally got rid of and agreed to replace.

Perhaps mention that to your Mum and see what she has to say about that?

COUGHLAUGHFART I don't rent but it makes perfect sense to me that if I did rent and for instance threw out the landlord's couch that came with the house that I would of course be responsible for replacing it with one of similar quality and wear and tear as the one I got rid of. Seems like a pretty basic thing to do, no?

GreenTulips · 19/11/2018 23:24

You took and kept a rental deposit from your own mother? Wow. You clearly take after your grandfather

Eh? OP seem a to have her financial head firmly screwed on, unlike her mother.

Who ups and leaves their daughters flat without paying the rent owned?

CoughLaughFart · 19/11/2018 23:24

I don't rent but it makes perfect sense to me that if I did rent and for instance threw out the landlord's couch that came with the house that I would of course be responsible for replacing it with one of similar quality and wear and tear as the one I got rid of. Seems like a pretty basic thing to do, no?

Not throwing the couch out would be an even more basic thing to do, no?

NoSquirrels · 19/11/2018 23:27

Cough you’re being deliberately obtuse now, aren’t you?

Average cost of bog standard IMEA cheapo couch = £200

Average cost of 12 months storage for couch =£240

Ergo better to throw it out and replace in 12 months.

SusieOwl4 · 19/11/2018 23:29

He won’t need a solicitor for small claims court . But he will need evidence of the debt . Which he does not have . So if you are asked to put in a defence you say there is no debt . I doubt it would even get to mediation.

AcrossthePond55 · 19/11/2018 23:31

Grandad may be old and retired, but so am I. That doesn't mean we can transfer a debt to another person willy nilly. If Grandad feels he was taken advantage of, I'm sure there are elder law advisors who can sort this through for him. But it will all amount to nothing

The deposit and rent money was given by Grandad to his daughter who then paid OP. Even if Grandad paid the money directly to OP, it was paid as rent/deposit for the flat on behalf of his daughter. Not as a loan to the OP.

The furniture was bought by Granddad for or on behalf of his daughter. He did not buy it for OP. The daughter then told OP to keep it.

IF the deposit, the rent, and the furniture were considered LOANS by Grandad, then the loan was to his daughter (OP's mum) NOT the OP. Furthermore, IF there is no written loan agreement then Grandad is most likely out of luck as he has no proof it was loans, not gifts.

There is no way the OP is legally responsible for this debt. The very most that might happen would be that she might be asked to return the furniture. But that would only be IF a suit was brought against OP's mum and a court found that the furniture legally belonged to Grandad and that OP's mum had no right to give it away. OP just needs to sit tight and see what Grandad's lawyer comes up with. And as mentioned above OP, put nothing in writing. In fact, at this point I wouldn't even discuss this further with Grandad, should he call you other than to say "Grandad, your 'problem' is with my mum, not me. I'm not going to get in the middle of this".

The problem with Small Claims is that anyone can file a suit against anyone for anything (pretty much). Whether they win or not, it's a pain for the respondent as they still have to defend the suit.

CSIblonde · 19/11/2018 23:32

Well the £300 will be there v shortly so I'd tell tenant you need the furniture & replace with IKEA or Amazon & give them a choice as to style etc as a sweetener & re the inconvenience. Lots of small shops where I live specialise in rental furniture & deliver next day, as do Amazon. Put it in writing to the tenant & send copy to him. The rest he'll never get taken seriously it's your Mums debt.

CoughLaughFart · 19/11/2018 23:33

Cough you’re being deliberately obtuse now, aren’t you?

No, I’m being practical. If you want your own furniture, you rent an unfurnished property. If you don’t have your own furniture, you rent furnished.

NoSquirrels · 19/11/2018 23:39

No, I’m being practical. If you want your own furniture, you rent an unfurnished property. If you don’t have your own furniture, you rent furnished.

And if you want mostly furnished with the flexibility to use Great Aunt Jean’s triple wardrobe or the fancy designer sofa you desire, you negoatiate.

Smellbellina · 19/11/2018 23:42

You sound like a family with an odd dynamic. You’re happy to treat family like any other tenant, but also use them for loans when it suits you. And at the end of it all you’re alright, got your rent and your loan but your Grandad’s financially screwed.
Is that really how people treat their family? Honestly if you don’t like them just have nothing to do with them!
Who needs enemies with a family like yours hey

LaughingGiraffing · 19/11/2018 23:42

Of course that’s not to say it never happens, but my personal opinion is that it doesn’t make sense

OK, but what if you moved into a furnished property and you had a lovely leather sofa, that’s all you wanted to bring, to replace the fugly green velvet mess your landlord leaves you - and the landlord said “fine, get rid of fugly, as long as you leave something equally as fugly in its place when you gO”?And if you stay a year, just get a £30 charity shop jobby to replace it or if you stay ten years, lovely leather sofa will be knackered and on par with previous fugly - isn’t that the perfect solution?

OP posts:
HappyGoodHairBear · 19/11/2018 23:45

YABU OP. Thinking it is ok to treat your mum “like any other tenant”.

I can’t imagine any circumstances under which I’d charge a family member rent. Never mind my mum. Split costs and expenses maybe, but rent, deposit, conditions for replacing furniture? No.

And in a family situation where it’s ok to treat another family member in that way, nothing else would surprise me tbh.

It’s like we’ve forgotten we’re human nowadays. So sad.

user1457017537 · 19/11/2018 23:50

Another who’s agog at charging a mother rent and taking a deposit. Then taking rent out of deposit on vacating.

JassyRadlett · 19/11/2018 23:53

I can’t imagine any circumstances under which I’d charge a family member rent.

Gosh, how absolutely lacking in imagination you are. The extremely obvious one is ‘if you needed the rent to pay the mortgage and costs associated with the property, without which the property would have to be sold, helping no one.’

Formal tenancies exist to protect both parties - the tenant as much as the landlord. I’d think less of the OP if she hadn’t made sure her mother had the full rights and protections of any other tenant, TBH.

Tell me, are you ok with a relative wandering into your place, saying they don’t like the armchair in the spare room they’re sleeping in so they want to chuck it out and get a new one for while they’re there, but they’ll be taking the new one with them when they go?

Olderbyaminute · 19/11/2018 23:53

Jesus F. Christ some of the previous posters on this thread are out of their minds! Grandfather sounds like a rich,angry man who has lent money to his daughter over and over again and doesn’t get loan repaid. Granddaughter has her hands full with a family and as a landlord. She also has a DH with serious MH issues. She had fraud at the 11th hour before a holiday and borrowed 600 from two family members. She was about to leave on vacation and needed cash fast. Exact same thing happened to my family just before flying to Disney world. She was transferring the borrowed amount to Grandfather but he decided to be an SOB to her-he hardly sounds like he’s on the breadline and hasn’t a nickel to his name!
As for the PP bitching because the money she borrowed was coming from bank transfer vs cash in hand-WTH is wrong with you? Almost all transactions I conduct are via direct deposit or credit card not cash. She’s hardly an irresponsible borrower.
I’d advise keeping a distance from the GF

WTFIsAGleepglorp · 19/11/2018 23:54

Your Grandfather's dispute is with your mother.

He can put a claim into the small claims court, but when you get your day in court, the judge will side with you.

LaughingGiraffing · 19/11/2018 23:54

You’re happy to treat family like any other tenant, but also use them for loans when it suits you. And at the end of it all you’re alright, got your rent and your loan but your Grandad’s financially screwed.
Is that really how people treat their family?

Have you RTFT?

  1. I didn’t borrow money off my mum
  2. My grandad isn’t financially screwed, the loan between him and my mum is not my business. I said earlier, I have two brothers, should they also be giving my grandad money?

Thinking it is ok to treat your mum “like any other tenant”.

Why isn’t it ok?

I can’t imagine any circumstances under which I’d charge a family member rent. Never mind my mum. Split costs and expenses maybe, but rent, deposit, conditions for replacing furniture? No

How about a situation where you still have a mortgage on a property that’s needs covered? If it helps you sleep better I drastically reduced the rent so that I was just covering the mortgage (which actually puts me out of pocket when you look at additional costs such as insurance etc). It’s the only exception I made for her I wouldn’t make for anyone else, as I didn’t want to make a ‘profit’ from her. Could you afford to lose say £500 a month? Honestly? If your mum said “I need £500 a month Happy” would you just hand it over? If not why not? Would you have forgotten you’re human.

And you perhaps you don’t know this but I, and any landlord would be in hot water if They rented to anyone and didn’t take a deposit. It protects the tenant as much as anything and I do absolutely everything above board. So I won’t break the law, not even for my mum

OP posts:
LaughingGiraffing · 19/11/2018 23:56

Another who’s agog at charging a mother rent and taking a deposit

Have I entered a parallel universe?

OP posts: