Page 12 | Asked to move from relatives house

OrangeBlankets · 2023-01-14T09:32:27+00:00

I've been living in a relatives house for more than 2 years. When I moved in the relative was in a care home but the person who had POA for them agreed for me to move in and said it was ok for a short time and that I didn't have to pay rent. Now the house owner died and so did the POA. The executors want me to move out. I don't have anywhere to go, can they evict me?

Robinni · 14/01/2023 16:55

@saltinesandcoffeecups

“What I think is cruel is to collude with a family member to cheat a physically unwell grandmother in a care home out of 12-24K of income. And then try to cheat the beneficiaries out of their inheritance.”

This is actually a really good point, I hadn’t thought of this.

However, equally they may have placed OP in the house to avoid the house being taken into consideration for care costs by LA.

i.e. the family have used OP to cheat the system to ensure house is retained and didn’t need to be sold in order to fund care. Obviously OP would need to confirm this, but it also explains why she wasn’t charged rent => it would go straight to funding the care home fees and OP wouldn’t qualify for housing benefit as renting from a close relative.

Theluggage15 · 14/01/2023 16:55

kateandme · 14/01/2023 16:33

Jesus Christ. Do any of you being absolute cruel fuckers realise there is a person on the end of this thread that came asking for advice.rightly or wrongly they are about to be evicted.rightly or wrongly with nowhere to go.
Also they HAVE mentioned not being mentally well.are you aware what this level of cruelnnes can push people to do.
Just where is the compassion.
people fuck up.
People make stupid mistakes.
Or people are Ill,given somewhere to live thank goodness and just feel so grateful, and so are terrified when suddenly it stops.
And for whatever reason,probably the illness mentioned haven't saved up or mannedup,got over themselves,stopped being ill, worked for their money.🙄
What would you do if faced with homelessness through right now no fault of your own?

Oh yes poor OP. Yawn. Where’s her compassion for bereaved people? She may not give a shit the grandmother has died but the people who own the house might be upset. Not only dealing with a bereavement but an entitled troublemaker as well.

saltinesandcoffeecups · 14/01/2023 16:59

Robinni · 14/01/2023 16:55

@saltinesandcoffeecups

“What I think is cruel is to collude with a family member to cheat a physically unwell grandmother in a care home out of 12-24K of income. And then try to cheat the beneficiaries out of their inheritance.”

This is actually a really good point, I hadn’t thought of this.

However, equally they may have placed OP in the house to avoid the house being taken into consideration for care costs by LA.

i.e. the family have used OP to cheat the system to ensure house is retained and didn’t need to be sold in order to fund care. Obviously OP would need to confirm this, but it also explains why she wasn’t charged rent => it would go straight to funding the care home fees and OP wouldn’t qualify for housing benefit as renting from a close relative.

I’m not sure cheating the system (a.k.a. Taxpayers) covers the OP or POA in glory either. Considering it’s likely that the former POA is also a beneficiary.

boilthekettle · 14/01/2023 17:00

For goodness sake are you honestly saying that OP, who is working, is incapable of saving up less than a grand over a 2 1/2 year period??

Yes. It is quite obviously possible, of course.

How long has she been working for? Is it part time? Is it minimum wage?

If she's on the basic rate of universal credit and only just started working quite recently I can definitely see how that might be the case.

@Robinni if you think getting PIP is a simple matter and everyone who should get it does get it, that you just roll down to your local CAB with your medical reports - you are either being disingenuous or you know far less about the PIP system than you are pretending to.

It is well documented, and has been for years now, that the DWP are doing assessments on disabled people that are frankly illegal (outright lying in reports for one thing) and discriminatory, in order to deprive them of funds they are legally entitled to.

CryInToYourCornflakesNicola · 14/01/2023 17:03

OrangeBlankets · 14/01/2023 10:00

I have a dog so I don't think I can get a house share

It's not impossible to get a room/house share. I rent a room out and animals are allowed with some caveats. Try www.spareroom.co.uk/

I mean I dont allow spiders or snakes and I'm not responsible for any mess and yes a small extra fee in case of damage and I'm not a pet sitter. But I'm not the only one who allows pets. Keep looking.

QuerulousMegapode · 14/01/2023 17:08

Remona · 14/01/2023 17:10

The bottom line here is that you have three choices:

Accept that you have to move out and start looking for somewhere new. Contacting Shelter as many people have suggested is very good advice. The house now belongs to someone else and yes, they can evict you.

Option 2: Speak to whoever now owns your grandmother’s house to see if there is any option for staying on. They would very likely expect you to pay rent if they were agreeable to this option, but I reckon the likelihood is they’ll want to sell the house so this will be a non-starter but would be worth a try. Nothing ventured, nothing gained.

Option 3: Stay put and make whichever family member/s now own the house take legal action to evict you but do so in the knowledge that you will likely irrevocably damage any relationship you had with them.

Robinni · 14/01/2023 17:18

Robinni · 14/01/2023 16:55

@saltinesandcoffeecups

“What I think is cruel is to collude with a family member to cheat a physically unwell grandmother in a care home out of 12-24K of income. And then try to cheat the beneficiaries out of their inheritance.”

This is actually a really good point, I hadn’t thought of this.

However, equally they may have placed OP in the house to avoid the house being taken into consideration for care costs by LA.

i.e. the family have used OP to cheat the system to ensure house is retained and didn’t need to be sold in order to fund care. Obviously OP would need to confirm this, but it also explains why she wasn’t charged rent => it would go straight to funding the care home fees and OP wouldn’t qualify for housing benefit as renting from a close relative.

Just to further add to my previous thought. I think, while the OP has had reasonable time to move on/save, she potentially has been completely manipulated by her family and is now being fucked over as POA (possibly her mother) has died, leaving her with nothing if Granny didn’t change her will for money to pass to grandchildren where child is deceased.

Would need OP to confirm all this. But essentially if her family were using her to avoid the house being sold there would be no push for her to save/move earlier than the death, and in fact family would have been very unhappy for her to do so! And now they are hanging her out to dry.

@OrangeBlankets if it is the case that your family put you in situ in order to avoid inheritance being lost to care home fees, this would dramatically change the advice you are being given.
As if it is the case, then it is that your family has manipulated you, a vulnerable person with mental health issues, to their own advantage. Though I expect it was done originally with you in mind too…. If PA was your parent… now the remaining siblings are hanging you out to dry.
Potentially there could be a legal argument, that you are due something of the proceeds of the house as you have been resident and if your parent is the deceased PA and was due something.

All conjecture, but if the above applies I would seek CAB/legal advice about it first, then look to getting rehoused/financed, once the issue of if you’re due something is out of the way. (Obviously do not go around saying your family defrauded the LA or there won’t be money for anyone. But stick up for yourself if they are screwing you over; the will can be amended so that what should have gone to your parent goes to you)

Back up for what I suspect they did here

hoa.org.uk/advice/guides-for-homeowners/i-am-selling/avoid-selling-your-house-to-pay-for-care/

Can you avoid selling your house to pay for care?

If you or your spouse / partner (or certain other people) want to continue living in your home, then you’ll avoid having to sell up to pay for care.

You and/or any qualifying dependants who live in your home have the right to stay there indefinitely, and can’t be forced to sell up to pay for your care. A qualifying dependant could be any of the following who also lives in your home:

your spouse
your civil partner
your unmarried partner
a close relative over 60 (or incapacitated)
a close relative under 16 for whom you are legally responsible
your ex-spouse / partner if they are a single parent
In short, you don’t have to worry about your nearest and dearest becoming homeless just because you need care.

Grapewrath · 14/01/2023 17:21

I’m baffled as to why you think you can stay there for free tbh

Robinni · 14/01/2023 17:23

boilthekettle · 14/01/2023 17:00

For goodness sake are you honestly saying that OP, who is working, is incapable of saving up less than a grand over a 2 1/2 year period??

Yes. It is quite obviously possible, of course.

How long has she been working for? Is it part time? Is it minimum wage?

If she's on the basic rate of universal credit and only just started working quite recently I can definitely see how that might be the case.

@Robinni if you think getting PIP is a simple matter and everyone who should get it does get it, that you just roll down to your local CAB with your medical reports - you are either being disingenuous or you know far less about the PIP system than you are pretending to.

It is well documented, and has been for years now, that the DWP are doing assessments on disabled people that are frankly illegal (outright lying in reports for one thing) and discriminatory, in order to deprive them of funds they are legally entitled to.

@boilthekettle PIP is soul destroyingly difficult. You are talking about 3 weeks work minimum to do it properly, with mountains of paperwork. And then a completely traumatising interview. I get that it’s awful, a lot of people find the rigour difficult and are overly and unfairly scrutinised. Particularly if unsupported. Which is why countless people have suggested OP contacts CAB and other support agencies to help with things going forward.

LIZS · 14/01/2023 17:23

But ibis not the person with poa who has died but the owner, grandmother, on whose behalf the poa allowed the op to stay there, so that has now lapsed. That same person may or may not be a beneficiary. If the property is part of the estate and effectively jointly owned it is likely to be sold to split the value, requiring vacant possession. Nowhere has op indicated that the request for her to vacate is acrimonious or at eviction stage.

DillDanding · 14/01/2023 17:24

Well of course they can evict you.

Can you approach them regarding paying rent until such time as the house is sold? If you have kept the place in good order, this might be preferable to marketing an empty property.

In the meantime, get some advice about what your options are for housing yourself.

Siepie · 14/01/2023 17:27

To PP calling other posters bitches or cruel fuckers, I'm coming to live in your house rent-free for an indefinite length of time and will refuse to leave when you tell me to. I'm sure you'll be okay with that. You wouldn't want to be "bitchy" after all.

TrashyPanda · 14/01/2023 17:30

EyesOnThePies · 14/01/2023 12:48

The new homeowner/s (as specified in the will) seem very not dead and will almost certainly be bothered!

Show quote history

So might the Office of the Public Guardian, regarding the mismanagement of a vulnerable persons assets by their Attorney and the subsequent deprivation of rental from the property.

Theluggage15 · 14/01/2023 17:34

Robinni · 14/01/2023 17:18

Just to further add to my previous thought. I think, while the OP has had reasonable time to move on/save, she potentially has been completely manipulated by her family and is now being fucked over as POA (possibly her mother) has died, leaving her with nothing if Granny didn’t change her will for money to pass to grandchildren where child is deceased.

Would need OP to confirm all this. But essentially if her family were using her to avoid the house being sold there would be no push for her to save/move earlier than the death, and in fact family would have been very unhappy for her to do so! And now they are hanging her out to dry.

@OrangeBlankets if it is the case that your family put you in situ in order to avoid inheritance being lost to care home fees, this would dramatically change the advice you are being given.
As if it is the case, then it is that your family has manipulated you, a vulnerable person with mental health issues, to their own advantage. Though I expect it was done originally with you in mind too…. If PA was your parent… now the remaining siblings are hanging you out to dry.
Potentially there could be a legal argument, that you are due something of the proceeds of the house as you have been resident and if your parent is the deceased PA and was due something.

All conjecture, but if the above applies I would seek CAB/legal advice about it first, then look to getting rehoused/financed, once the issue of if you’re due something is out of the way. (Obviously do not go around saying your family defrauded the LA or there won’t be money for anyone. But stick up for yourself if they are screwing you over; the will can be amended so that what should have gone to your parent goes to you)

Back up for what I suspect they did here

hoa.org.uk/advice/guides-for-homeowners/i-am-selling/avoid-selling-your-house-to-pay-for-care/

Can you avoid selling your house to pay for care?

If you or your spouse / partner (or certain other people) want to continue living in your home, then you’ll avoid having to sell up to pay for care.

You and/or any qualifying dependants who live in your home have the right to stay there indefinitely, and can’t be forced to sell up to pay for your care. A qualifying dependant could be any of the following who also lives in your home:

your spouse
your civil partner
your unmarried partner
a close relative over 60 (or incapacitated)
a close relative under 16 for whom you are legally responsible
your ex-spouse / partner if they are a single parent
In short, you don’t have to worry about your nearest and dearest becoming homeless just because you need care.

Show quote history

She was allowed to live there by a relative who had poa. Anyway, you can’t just pop someone in a house when someone goes into care and avoid it being sold if required.

HamBone · 14/01/2023 17:39

It’s difficult, OP, but I think you need to start looking for an alternative property. Your relatives are entitled to sell the house and do you really want to fall out with them? They’ve helped you out for two years, but they can’t do it indefinitely. I expect if you talk it over with them, they’ll give you time to find somewhere. Perhaps your adult children can help you with the search? It’s always easier when you have someone be to talk it through with. Best of luck. 💐

Florissant · 14/01/2023 17:48

Siepie · 14/01/2023 17:27

To PP calling other posters bitches or cruel fuckers, I'm coming to live in your house rent-free for an indefinite length of time and will refuse to leave when you tell me to. I'm sure you'll be okay with that. You wouldn't want to be "bitchy" after all.

If they protest, tell them to Be Kind.

ConsuelaHammock · 14/01/2023 17:52

Yes they can . Thankfully you have had two years to save

Nanatokidsdogshampsters · 14/01/2023 17:55

Don't think the OP will be back

saltinesandcoffeecups · 14/01/2023 17:56

Robinni · 14/01/2023 17:18

Just to further add to my previous thought. I think, while the OP has had reasonable time to move on/save, she potentially has been completely manipulated by her family and is now being fucked over as POA (possibly her mother) has died, leaving her with nothing if Granny didn’t change her will for money to pass to grandchildren where child is deceased.

Would need OP to confirm all this. But essentially if her family were using her to avoid the house being sold there would be no push for her to save/move earlier than the death, and in fact family would have been very unhappy for her to do so! And now they are hanging her out to dry.

@OrangeBlankets if it is the case that your family put you in situ in order to avoid inheritance being lost to care home fees, this would dramatically change the advice you are being given.
As if it is the case, then it is that your family has manipulated you, a vulnerable person with mental health issues, to their own advantage. Though I expect it was done originally with you in mind too…. If PA was your parent… now the remaining siblings are hanging you out to dry.
Potentially there could be a legal argument, that you are due something of the proceeds of the house as you have been resident and if your parent is the deceased PA and was due something.

All conjecture, but if the above applies I would seek CAB/legal advice about it first, then look to getting rehoused/financed, once the issue of if you’re due something is out of the way. (Obviously do not go around saying your family defrauded the LA or there won’t be money for anyone. But stick up for yourself if they are screwing you over; the will can be amended so that what should have gone to your parent goes to you)

Back up for what I suspect they did here

hoa.org.uk/advice/guides-for-homeowners/i-am-selling/avoid-selling-your-house-to-pay-for-care/

Can you avoid selling your house to pay for care?

If you or your spouse / partner (or certain other people) want to continue living in your home, then you’ll avoid having to sell up to pay for care.

You and/or any qualifying dependants who live in your home have the right to stay there indefinitely, and can’t be forced to sell up to pay for your care. A qualifying dependant could be any of the following who also lives in your home:

your spouse
your civil partner
your unmarried partner
a close relative over 60 (or incapacitated)
a close relative under 16 for whom you are legally responsible
your ex-spouse / partner if they are a single parent
In short, you don’t have to worry about your nearest and dearest becoming homeless just because you need care.

Show quote history

I think that incapacitated has to be in the legal sense and not just ‘relative who claims MH problems but can get a job and care for a dog’? I think the key is the term Qualifying Dependent. It may be different in the UK (as many things are) but in the US that term has a legal definition and very particular criteria.

For example… there has to be a close qualifying relationship and/or a certain percentage of continued financial support must be given.

ConsuelaHammock · 14/01/2023 18:00

Could you go and stay with one of your children?

Trianglesquarerectangle · 14/01/2023 18:02

Why isn’t the will fair? Who’s benefiting from it?

Original poster

OrangeBlankets · 14/01/2023 18:16

There wasn't any need to try to avoid paying the care home fees, my grandmother had enough money in the bank to cover them.

The POA was just being kind in letting me stay here and I know I should have saved money while I wasn't paying rent but I couldn't manage and now I guess I have to ask them to evict me.

Thank you for helping if you did

OP posts:

oakleaffy · 14/01/2023 18:21

Lost123454 · 14/01/2023 09:39

You've been freeloading for two years

Time to move out and into the real world

This!
Jeez some people are so entitled.
The house is probably going to be sold.

TrashyPanda · 14/01/2023 18:22

OrangeBlankets · 14/01/2023 18:16

There wasn't any need to try to avoid paying the care home fees, my grandmother had enough money in the bank to cover them.

The POA was just being kind in letting me stay here and I know I should have saved money while I wasn't paying rent but I couldn't manage and now I guess I have to ask them to evict me.

Thank you for helping if you did

But that is not what a person with attorney should be doing. Their job is not to “be kind”.

their literal job is to safeguard the financial affairs of the person who no longer has capacity. Letting another relative live their rent free is not acting in the best interest of the person without capacity. It could even be financial,abuse. And that is regardless of how much money granny had in the bank. Two years rent isn’t exactly small change.