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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:
user1457017537 · 19/11/2018 23:57

There is no legal requirement to take a deposit, only to register s deposit if taken

HappyGoodHairBear · 19/11/2018 23:57

Then you have an utterly inhuman approach to life Jessy. I’d really rather not sully my mind and soul by imagining it’s inner workings. I suspect Dante has already described them adequately enough.

ChickaaaaannDipppaaaaassss · 20/11/2018 00:01

I have only read this page and the first so I apologise if I've missed vital info.
The anger from your GD and forgetfulness over what has been said really struck me. He would also (surely) know that his issue is with your DM.
My Uncle started to behave exactly like this about 18 months ago, particularly with money. Any money. Is he well in himself?
FWIW - My mother is also a financial liability and I will be buying a 1 bed house soon with an inheritance from my Dad's side of the family. I will be doing exactly as you did although at a reduced rate.
Bloody tough though OP :(

Introverted1 · 20/11/2018 00:01

How sad. Money money money appears to be the driving force your family has in common.

Never lend/borrow/financially involve your family again. Instead, work on building a relationship outside of money.

LaughingGiraffing · 20/11/2018 00:01

No user but it is in the T&Cs of my BTL mortgage, and like I say I do everything above board. Now, I aside if your mum wanted £500 a month from you which she wouldn’t pay back you’d be fine with that, yes?

OP posts:
JassyRadlett · 20/11/2018 00:04

Then you have an utterly inhuman approach to life Jessy. I’d really rather not sully my mind and soul by imagining it’s inner workings. I suspect Dante has already described them adequately enough.

Take a deep breath, then try actually reading.

OP can’t afford the property without a tenant paying rent (as I speculated, and she has now confirmed).

So she has two choices:

First: ‘yes Mum, I’d love to have you rent my place. I have to do it all above board with a contract and deposit in the TDS - it’s in the terms of my mortgage and insurance, and it gives you more protections too.’

Second: ‘I think it’s utterly inhuman to charge my mother rent. Unfortunately I can’t afford to let the property without the rental income as that pays the mortgage and insurance. So off you fuck and find somewhere else with a landlord you don’t know and trust.’

The third choice - yours - of ‘yes Mum, by all means come and live here rent free! The bank will foreclose in three months as I won’t have paid the mortgage and I’ll be in breach of the terms anyway. So you’ll be out on the street then, with no rights as a sitting tenant, as I didn’t give you any legal protection because you’re family! But hey! That’s ok, right?’

Which bit of the Divine Comedy applies, exactly?

LaughingGiraffing · 20/11/2018 00:07

*I assume

Introverted I suspect you’re right - I was raised in a house that seemed to revolve around money. Everyone was obsessed with uncle so and so owing them £2 for the milk and bread they took round and how much the cost of a Sunday paper was. I try not to be that way, but I’ve paid back what I owe to my grandad and don’t like being screamed at twice in a week that I need to give him £2,000 I don’t owe.

Funnily enough FIL who lent us the other £300 is also awaiting the payment and is fine about that, no rush he says, he trusts we sent it and is just pleased we had a nice time. I envy DH’s normal family Grin

OP posts:
SusieOwl4 · 20/11/2018 00:08

I can’t believe all the critisim of the OP. It was made quite clear the renting was a favour to the mum but a business transaction that appears above board . In the circumstances with her mother being the one who owes money , thank goodness it was all done professionally, otherwise the mess could have been even worse .

HappyGoodHairBear · 20/11/2018 00:10

As you asked Laughing...

Could I afford to hand over £500 a month? Yes.

Would I hand it over to my mum (if she was still alive)? Yes.

Did I in fact pay my mum’s mortgage at times when she was struggling in later life? Yes.

Did I replace her appliances and furniture in later life when she couldn’t afford to and things broke? Yes. First time I did it took some subterfuge (“Are you going to be in Thursday morning, I want to send you some flowers?” when the delivery was actually of a cooker).

Also, when she had terminal cancer, yes I quit my job, moved over 500 miles back home and looked after her. When I wasn’t capable of looking after her properly anymore, yes, I did stay in the hospice with her, sleeping in an armchair beside her bed because I didn’t want her to wake up alone and be scared. The only times I left to have a shower or get changed I did so when another family member was by her side.

And yes, I did exhaust my savings doing that without knowing when I’d be able to go back to work. And yes, when that happened, other members of my family did both give and lend me money to keep me and my mum going. And yes, I did pay them back the loans. And yes they were happy to wait until I could afford to do so. And, yes, they did refuse to take some of that money back, saying it was their contribution.

Here’s the thing. You don’t have a right to own rental property. But you do have a duty to love your mother. If she abused you, yes you have a right to walk away.

So yes, you have wandered into a parallel universe. The one the human beings live in. The place where people love and look after their families, rather than exploit them. It’s a bit nicer here.

Myforgiven · 20/11/2018 00:12

Ok, so this is a Buy to let mortgage?

LaughingGiraffing · 20/11/2018 00:12

Jassy you’ve hit the nail on the head.

I have LL insurance in case of having no tenant, I can claim after the flat is empty for 2 months (IIRC). But I doubt they’d pay out because “Oh you couldn’t possibly charge mummy” 🙄

Waiting to hear how many of these amazing daughters would give their mum £500 a month for free.

OP posts:
DianaPrincessOfThemyscira · 20/11/2018 00:12

Oh give over @Smellbellina. There’s a world apart from a one time £300 loan paid back within two weeks and letting your mother live in your rental flat for nothing. And the second part of your post is really unfair - OP had fraud on her account and the payment has been delayed. It’s not her fault grandad is out of pocket - he had the freedom to say no to both the loan to his own daughter and then his granddaughter. But he didn’t, and for some reason has now seen his arse.

Myforgiven · 20/11/2018 00:13

So an investment property? And yet you're borrowing off relatives to go on holiday. Fuck me.

Myforgiven · 20/11/2018 00:15

Oh how the other half live.

DianaPrincessOfThemyscira · 20/11/2018 00:16

@Myforgiven - no. OP says her spending money was wiped out by fraud shortly before a holiday so she borrowed to cover that. And then paid it back.

So many people seem to be making this atory up as they go along and only taking notice of the bits that fit into their own narrative.

user1457017537 · 20/11/2018 00:16

HappyGoodHairbear it’s a yes from me to all of the above as well.

LaughingGiraffing I really don’t think you can afford to be a buy to let landlord at present. It doesn’t sound like you can afford it

JassyRadlett · 20/11/2018 00:16

So an investment property? And yet you're borrowing off relatives to go on holiday. Fuck me.

After fraud cleared out their bank account. The money is now back.

The hard of reading are out in force tonight.

LaughingGiraffing · 20/11/2018 00:18

Could I afford to hand over £500 a month? Yes.

But what if you couldn’t? Would you give it to her anyway? And if so what would you sacrifice - your mortgage payment? Your car? Food?

But you do have a duty to love your mother

With respect - and I am sorry you lost your mother and went through that - you are projecting massively your feelings for your mother on someone else and their entirely different and unrelated situation. Read Jessy’s post - which one would you have done to your mother given the circumstances? And not financially crippling myself for my mother doesn’t make me a bad person, and furthermore I think you and some others need to realise that not everyone has a good relationship with their mum, and no, we all don’t have a duty to love them.thats the perogative of the individual.

OP posts:
LearningToDrive · 20/11/2018 00:18

@HappyGoodHairBear

And yes, I did exhaust my savings doing that without knowing when I’d be able to go back to work. And yes, when that happened, other members of my family did both give and lend me money to keep me and my mum going. And yes, I did pay them back the loans. And yes they were happy to wait until I could afford to do so. And, yes, they did refuse to take some of that money back, saying it was their contribution.

Lucky you. Not everyone has the luxury of knowing that when they are down, family will pick us up again. What would your solution be here? Free rent and not pay the mortgage? Should the OP had risked losing the property? Given the financial instability of her DM, it sounds like she was already taking a risk by depending on rent from her at all.

Myforgiven · 20/11/2018 00:19

We have it all here. Fraud. Borrowing. Lending. Leasing. Evicting. Suing. Money fucking money. Whatever.
GREED.

LaughingGiraffing · 20/11/2018 00:20

So an investment property? And yet you're borrowing off relatives to go on holiday. Fuck me.

No, I’m an accidental landlord, not a property mogul. I had to change the mortgage to BTL once I started renting the flat out. And as a PP said we had a substantial amount of fraud (more than £600 for the record). But yes, fuck you, I quite agree Grin

OP posts:
Myforgiven · 20/11/2018 00:21

It's 2k. Give it to your grandfather. You'll probably remain in his will.

user1457017537 · 20/11/2018 00:21

If the Op couldn’t afford to be generous to her DM then she should have rented the property out to a stranger. The Op has received furniture and has kept the deposit.
I’m team grandad.

LaughingGiraffing · 20/11/2018 00:22

I really don’t think you can afford to be a buy to let landlord at present. It doesn’t sound like you can afford it

Confused

How so?

And what says you user - if you couldn’t afford to give your mum £500 a month would you still do it and sacrifice something in your life?

OP posts:
JassyRadlett · 20/11/2018 00:22

Gosh, Myforgiven. You need to go back and read properly.

The fraud was committed on the OP by criminals unknown to her, from what we know.

There is no eviction issue here. You are wildly inventing.

Which thread exactly were you planning on commenting on earlier, out of interest?