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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Asked to move from relatives house

563 replies

OrangeBlankets · 14/01/2023 09:32

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?

OP posts:
freyamay74 · 15/01/2023 10:23

The financial cost will be to the OP, because she clearly has no right to remain in the property and will be liable for any legal costs caused by her trying to delay things. Good luck to her finding the next place to stay with a shed load of debt and possibly a CCJ to her name

Florissant · 15/01/2023 10:29

kateandme · 15/01/2023 03:08

Troublemaker? How Have you come to this conclusion. you know no the situation personally do you?Or have you come to this conclusion simply by reading into to the posts and seeing this hinted at nowhere? The op hasn't even hinted at making trouble she's found yourself in a situation and she's asking for advice. There was a reason she was allowed to stay in this home. She wouldn't be in otherwise would she.
The two can co exist.a grieving family.and someone like op.

This is the post I mean to respond to. (Again, with apologies to @LolaMoon.)

The OP did not ask for advice: they asked if they could be evicted now that they POA is over.

The answer is "yes".

The OP, who described their grandmother as "not very nice" was happy to take advantage of living in their house for over two years, rent-free. And they conveniently seem to know about their grandmother's finances.

Additionally, the OP has chosen the path of least resistance for them - eviction - which will cause the executor(s) stress, aggravation and money at a time when they may well be mourning the death of a family member.

I might not use the term "troublemaker" but there is a wealth of other terms that could be used to describe the OP's actions.

LolaMoon · 15/01/2023 10:41

Florissant · 15/01/2023 10:22

@LolaMoon - my apologies! I resonded to your post in error. I have asked MN to delete my post.

No worries! I get you!

OrangeBlankets · 15/01/2023 11:22

If I get evicted do I have to pay costs for that? I thought the owners would have to pay.

OP posts:
strumpert · 15/01/2023 11:23

OrangeBlankets · 15/01/2023 11:22

If I get evicted do I have to pay costs for that? I thought the owners would have to pay.

No you usually have to pay because you didn't leave when you were asked to

WandaWonder · 15/01/2023 11:24

OrangeBlankets · 15/01/2023 11:22

If I get evicted do I have to pay costs for that? I thought the owners would have to pay.

Why on earth would they?

OnedayIwillfeelfree · 15/01/2023 11:25

Yes , you will be liable for all the bailiffs costs if you have to be evicted. This is avoidable, and it is totally your responsibility to avoid this.

BadNomad · 15/01/2023 11:29

OrangeBlankets · 15/01/2023 11:22

If I get evicted do I have to pay costs for that? I thought the owners would have to pay.

Normally, you will only have to pay some if a judge says so. Otherwise the cost of the landlord going to court is on the landlord. But if you need representation in court you will have to arrange and pay for that yourself. Check your rental agreement to see if it mentions eviction. Did you pay a deposit?

Backthetruckup · 15/01/2023 11:42

Check your rental agreement to see if it mentions eviction. Did you pay a deposit?

@BadNomad What rental agreement?
What deposit? Have you read any of this??

Schnooze · 15/01/2023 11:49

Why are you ok about the fact that they’ll have to spend money, time and stress having to evict you, but are worried that you’ll have to pay eviction costs?
Surely you are grateful that they’ve helped up to now and want to minimise their stress and expense? Is your relationship with them already broken down to the point that you don’t care?

BadNomad · 15/01/2023 11:49

Backthetruckup · 15/01/2023 11:42

Check your rental agreement to see if it mentions eviction. Did you pay a deposit?

@BadNomad What rental agreement?
What deposit? Have you read any of this??

Yes I have. She said she has a rental agreement.

ClubhouseGift · 15/01/2023 11:51

OrangeBlankets · 15/01/2023 11:22

If I get evicted do I have to pay costs for that? I thought the owners would have to pay.

Wow. You are so selfish. It’s all me me me.

You’re not at all grateful they’ve let you live there rent free for two years.

Florissant · 15/01/2023 11:52

BadNomad · 15/01/2023 11:49

Yes I have. She said she has a rental agreement.

Your post reveals otherwise. The OP's rental agreement was with the POA, which is now defunct as the grandmother is dead. This has been addressed throughout the thread.

BadNomad · 15/01/2023 11:56

Florissant · 15/01/2023 11:52

Your post reveals otherwise. The OP's rental agreement was with the POA, which is now defunct as the grandmother is dead. This has been addressed throughout the thread.

The death of the landlord doesn't change the tenancy agreement. It gets passed onto the estate and then on to the beneficiaries. It still stands until it is officially changed. Sometimes the tenancy agreement will set out who is responsible for eviction fees.

Backthetruckup · 15/01/2023 11:57

Quite. There is no landlord and the POA has since died. The POA was a relative who let OP stay in her Grandmother's house without paying rent. I very much doubt a tenancy agreement was actually involved.

MichelleScarn · 15/01/2023 12:00

Can you have a rental agreement if no rent has been paid.. ever?!
Cant believe some of the advice here, especially where suggested op stops paying utility bills and let's the family member owner get hit for this when she is eventually evicted!!

BadNomad · 15/01/2023 12:01

england.landlordsguild.com/article/what-happens-if-a-landlord-dies-unexpectedly/?objectId=article-1505-3

There you go @ the people arguing with me.

Asked to move from relatives house
Backthetruckup · 15/01/2023 12:07

@BadNomad That's all well and good, except OP isn't actually a tenant!

Backthetruckup · 15/01/2023 12:10

Law surrounding squatters would probably be more appropriate in this scenario.

freyamay74 · 15/01/2023 12:11

Of course you'll have to pay any fees that you incur if you let it get as far as bailiffs OP. You have no right to remain in the property: the deeds are in the grandmother's name and now her estate has passed to the beneficiaries which is what she wanted and wrote in her will!

If you think you've got it tough now, wait til you're inevitably turfed out, with earnings from your newly found job paying costs or possibly with a CCJ if you don't pay up! Good luck finding somewhere else!

BadNomad · 15/01/2023 12:14

Backthetruckup · 15/01/2023 12:07

@BadNomad That's all well and good, except OP isn't actually a tenant!

It's perfectly legal to rent a property to family for free. If she has a tenancy agreement like she says, then they can evict her more easily than if there isn't a contract.

Florissant · 15/01/2023 12:16

Backthetruckup · 15/01/2023 11:57

Quite. There is no landlord and the POA has since died. The POA was a relative who let OP stay in her Grandmother's house without paying rent. I very much doubt a tenancy agreement was actually involved.

Well put.

Also, for it to be a landlord situation, the tenant needs to pay rent, which the OP did not do.

TrashyPanda · 15/01/2023 12:16

BadNomad · 15/01/2023 11:49

Yes I have. She said she has a rental agreement.

And the rental agreement is in breach of the POA, as it was directly against the interest of the person lacking capacity.

thus a court of law could decide the agreement is null and void.

freyamay74 · 15/01/2023 12:17

Maybe the beneficiaries will move in themselves Grin

TrashyPanda · 15/01/2023 12:18

BadNomad · 15/01/2023 12:14

It's perfectly legal to rent a property to family for free. If she has a tenancy agreement like she says, then they can evict her more easily than if there isn't a contract.

Not in this case.

the person with POA was in breach of their powers, because The no-rent agreement did not benefit the GM.

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