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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:
Myforgiven · 20/11/2018 00:22

So where do you live? With your DH I presume?

LaughingGiraffing · 20/11/2018 00:22

To remind people - I wasn’t aware my grandad was paying my mums deposit and rent until after she left the flat. She had a job and I assumed that was paying for it

OP posts:
user1457017537 · 20/11/2018 00:23

Could afford it and have done it. I have also gifted a property, but I like my family to be comfortable.

JassyRadlett · 20/11/2018 00:24

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.

And if that meant the OP’s mother couldn’t get a rental due to poor references/finances/lack of employment/poor credit history? What happens to the mother then?

How ungenerous to leave one’s mother in that situation.

Introverted1 · 20/11/2018 00:25

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

If, as you say, you treated your mum like any other tenant then you should be covered by this insurance.

Your BTL mortgage however is a different matter. It is usually stipulated that a close family member can not be a tenant to your property.

user1457017537 · 20/11/2018 00:26

Nor can a family member claim housing benefit for your property.

LaughingGiraffing · 20/11/2018 00:26

So where do you live? With your DH I presume?

No, I live in the skirting boards with the other Borrowers.

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

WTAF are you going on about. How is it greedy to be a victim of fraud? And when did anyone get evicted. And who’s leasing what? Are you feeling quite well?

I’m also dubious about the Jewish comment and think the “wrong thread” thing is total bullshit

If the Op couldn’t afford to be generous to her DM then she should have rented the property out to a stranger.

Ah so you’d have gone with option 2 of “sorry mum, off you fuck to live on the streets or in a shelter, even though you say you can live here it’s all or nothing”. Yeah you sound lovely Confused

OP posts:
JassyRadlett · 20/11/2018 00:26

(I have to say, Laughing, I’m very much enjoying all these people who say they definitely could afford to sub a family member £500 a month doing some epic virtue signalling. They’ve missed the point a wee bit, but never mind.)

LaughingGiraffing · 20/11/2018 00:29

Could afford it and have done it. I have also gifted a property, but I like my family to be comfortable.

But what if you couldn’t afford it? Do you understand what I mean when I say that? And whoopee-doo for you for gifting a property. So what?

Your BTL mortgage however is a different matter. It is usually stipulated that a close family member can not be a tenant to your property

You are correct, and I got permission to do so.

Nor can a family member claim housing benefit for your property

Good job she didn’t then isn’t it?

OP posts:
user1457017537 · 20/11/2018 00:29

Not virtue signalling just telling it like it is after being repeatedly challenged by the op re my circumstances.

She can of course do what she likes

LaughingGiraffing · 20/11/2018 00:30

Yes Jassy, it’s a wonder they are posting on MN at all, don’t they know the best daughters give their laptops, tablets and phones to all their darling family members because good daughters never let themselves have something better than dearest papa and maman

OP posts:
Myforgiven · 20/11/2018 00:31

Well where does your Mum live now?

LaughingGiraffing · 20/11/2018 00:31

Ok user I’m going to say/type this slowly.

If you couldn't - meaning COULD NOT - afford to give your mum £500 a month - would you still give her it?

OP posts:
LaughingGiraffing · 20/11/2018 00:32

Well where does your Mum live now?

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

OP posts:
Introverted1 · 20/11/2018 00:32

If you got permission from your BTL provider then you shouldn’t have any problem claiming the insurance for an empty property.

Claim it and move on, never get involved with money/family matters again and go forth and prosper.

Myforgiven · 20/11/2018 00:33

Well your Mum has been evicted, so I presume you've a new tenant and I presume your Mum has found a new place to live?

JassyRadlett · 20/11/2018 00:34

Yes Jassy, it’s a wonder they are posting on MN at all, don’t they know the best daughters give their laptops, tablets and phones to all their darling family members because good daughters never let themselves have something better than dearest papa and maman

Don’t forget houses.

Because you should totally live in penury and give your mum your rental property. That’s what a good daughter would do.

Some here are a tiny bit blind to their financial privilege, it seems. £500 a month to spare? Gosh.

myrtleWilson · 20/11/2018 00:35

I know you're struggling with the facts on this one but my the OPs mom returned to her previous location and all this happened three years ago as set out in the OP so am not entirely sure what her mom's current housing situation offers us in way of insight?
Am also not buying the 'wrong thread'

Myforgiven · 20/11/2018 00:35

From your grandfather's point of view, he probably thought he was giving the money for rent/deposit. Now his DAUGHTER (since you're fond of shouting) has been evicted and he wants his money back. But you're saying, No, it went on household goods. He's pissed. I'd be pissed.

myrtleWilson · 20/11/2018 00:37

She wasn't evicted

JassyRadlett · 20/11/2018 00:37

Well your Mum has been evicted,

Can you quote the bit of the OP where it says her mother was evicted?

so I presume you've a new tenant

No need to presume. OP wrote it down for you!

What was the thread where the Jewish comment was relevant?

Myforgiven · 20/11/2018 00:37

Fuck me. This was all three years ago? Why am I reading about this?

LaughingGiraffing · 20/11/2018 00:37

If you got permission from your BTL provider then you shouldn’t have any problem claiming the insurance for an empty property.

I can only claim after 2 months of an empty property, it was only empty for 6 weeks. Besides I’m pretty sure there’s a timescale on claims and it’s less than three years! I didn’t want to claim and raise my premium, and my mum was happy for me to keep the deposit as she felt bad for doing a midnight flit so to speak.

Well your Mum has been evicted, so I presume you've a new tenant and I presume your Mum has found a new place to live?

When did my mum get evicted? You’re basically making stuff up now. This was 3 years ago. I already said that I had a new tenant and that my mum went back to where she came from (her own home abroad that she owned outright and had for about 15 years). Are you reading the thread properly.

OP posts:
LaughingGiraffing · 20/11/2018 00:38

Fuck me. This was all three years ago? Why am I reading about this?

I don’t know, you tell me, you clicked on the thread. Did you read my OP? It’s very little to do with what happened three years ago but it’s relevant

OP posts:
myrtleWilson · 20/11/2018 00:39

Well it's patently obvious you're not reading the thread isn't it my Grin