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AIBU?

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Original poster

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:
LumpyandBumps · 15/01/2023 15:08

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.

I have only had to get as far as court eviction on one occasion ( the tenant wanted to be housed by the LA and stopped paying her rent so I would evict her). Even though I used Section 21 which is sometimes called ‘no fault’ or ‘no reason’ the tenant was ordered to pay the court costs, when she didn’t move out the bailiffs fees were automatically added to the order, and when she didn’t pay, the costs of getting an attachment of earnings order were also added. This was 6-7 years ago, but she finally ended up paying around £700, which was more than double the original court fee.
The fees will have increased over the years, but I don’t know how much.
The debt was registered as a County Court Judgement as it was not paid within one month of the order.
I have no idea if you will qualify for LA accommodation, but speaking as a landlord you will seriously jeopardise any chance of renting privately if you have a CCJ, and if the reason for it is disclosed as being for eviction costs your chances will be negligible. I don’t know the situation in your area but here the demand for accommodation currently far exceeds the supply.
You can make things difficult for the executors by forcing them to evict you but unless you will qualify for LA housing you will also make things much more difficult for yourself.

hopelesslydevotedtoGu · 15/01/2023 15:11

Everybody I know who has a POA has nominated one of the beneficiaries of their will. The beneficiaries may well have discussed and decided to let OP stay there "for a short time". They may have thought the grandmother would not survive long, and it was better to not get a "proper" tenant if the grandmother was going to die in the next few months. Getting a proper tenant may hsve involved repairs, redecorating, certificates etc, then a delay to selling if the owner died quickly. They may not have expected her to survive two years.

The op has been clear that the nursing home fees were paid from other assets.

MattHancocksWhiteBikini · 15/01/2023 15:34

OP - It's hard, but you need to accept that what was a good thing is coming to an end.

It really makes no sense to try and obstruct this, all you'll achieve is a burnt bridge from someone who did something kind for you.

Do not make them formally evict you via the courts. It achieves nothing and will definitely stop you from asking them for a reference.

Just ask for a signed letter stating you are evicted and present to the council as homeless. Have a conversation with your relative expressing gratitude for the last 2 years and explain the situation with housing and your dog, they may give you a grace period - they may not - but attempting to delay the inevitable through legal channels will get you exactly nowhere.

TrashyPanda · 15/01/2023 15:55

The beneficiaries may well have discussed and decided to let OP stay there "for a short time"

it is the beneficiaries who want her out of the house.

The op has been clear that the nursing home fees were paid from other assets

that is totally irrelevant

GeneticallyModifiedGrump · 15/01/2023 17:12

'If I get evicted do I have to pay costs for that? I thought the owners would have to pay.'
It's really difficult to feel sorry for anyone with this mentality.
Is two years free rent not enough OP?

angela99999 · 15/01/2023 17:17

I don't think you have any right to stay, especially as you knew it was short term and paid no rent.

Nannygoat151 · 15/01/2023 17:23

2 years isn’t a short time and if youve been living there free all this time you should have saved enough money to move

Pelsall116 · 15/01/2023 17:27

You were only meant to be there a short time. I get the housing situation is difficult, seek advice and look at what rentals are available
Unless the house was left to you - and I guess it was not - then you don't have a right to remain there without a tenancy agreement. You presumably managed to save some money on what you saved on rent

ShoshanaBlue101 · 15/01/2023 17:31

How long have you been on the housing list for? The best thing would be to contact your housing officer...though they may not be able to do anything until you are evicted.

Wheresthebeach · 15/01/2023 17:31

So you were suppose to move in for a short time, but stayed two years? When the owner has died instead of getting yourself sorted, you're trying to stay? And questioning if they can evict you?

That's terrible, you are taking advantage of their kindness.

kateandme · 15/01/2023 17:34

Can you sit down and have a conversation with the current owner.listen to eachtoher and teynand come up with something. You've got to go.but how and how long and in what mood this tales needs a adult conversation.dont make it even harder for yourself by digging heels into ground that already seems to have turned to sand.

GinUnicorn · 15/01/2023 17:37

OP I mean this kindly but you need to face facts a bit here.

You will have to leave and you have the choice of doing so on good terms with relatives who have helped you, with good references and maybe negotiating a few months grace or

Being evicted and burning your bridges plus having no references and potential legal fees. It’s in no one’s interest least of all yours with mental health illness.

You need to start to be proactive and help yourself. It is scary but you can do it.

LookingforMaryPoppins · 15/01/2023 17:43

Of course they can ask you to move out! The personal representatives will be tasked with distributing the estate in accordance with your grandmothers wishes as set out in her will. It was lovely that you have had this benefit for so long but why on earth would you expect it to continue and why would you reward the kindness by being difficult. It's not your house and never has been.

You should be given proper notice but I am perplexed why you feel hard done by.

W2warrior · 15/01/2023 17:46

I have mental health issues ( under MH team) but never assumed I could live rent free in a house. You should have been saving

Rtruth · 15/01/2023 17:48

Yes, plenty of time to sort your sh*t out

PuzzledObserver · 15/01/2023 17:48

I have only had to get as far as court eviction on one occasion ( the tenant wanted to be housed by the LA and stopped paying her rent so I would evict her). Even though I used Section 21 which is sometimes called ‘no fault’ or ‘no reason’ the tenant was ordered to pay the court costs, when she didn’t move out the bailiffs fees were automatically added to the order, and when she didn’t pay, the costs of getting an attachment of earnings order were also added. This was 6-7 years ago, but she finally ended up paying around £700, which was more than double the original court fee.

You were lucky.

We had a tenant who stopped paying the rent. You have to wait until they’re two months in arrears before you can start the process. It went to court, we got an order for possession, they ignored it, we got the bailiffs etc and on the day they turned up, the tenants had left. We also had a CCJ against them for the unpaid rent (4 grand by the time they actually left) plus our solicitors fees, court costs - everything - adding up to 6 grand in total. Plus we had to pay the locksmith to gain entry, and then refurbish the house they had basically trashed, which cost another £5K.

They never paid one penny towards the CCJ.

We got to keep the deposit, though - so I suppose we were only £10K out of pocket.

Mynewhome · 15/01/2023 17:50

@OrangeBlankets england.shelter.org.uk/housing_advice/eviction/section_21_eviction/staying_after_a_section_21_notice

Ignore 90% of the posts in here . They are not helpful to you . Its about moving forward and making sure you don't end up on the streets and that means going through the system.

NippySweetie16 · 15/01/2023 17:52

Please take advice from Citizen's Advice or Shelter. You have been extremely fortunate over recent years but you will have to move on now. Try to do so with good advice and good grace.

Good luck.

SpaceshiptoMars · 15/01/2023 17:54

It's your family. They want you to leave because they need the money. So negotiate. Ask for their help finding somewhere else and ask for their help finding a deposit. In return, they will ask things of you, but try to cooperate and not lose everything and everyone.

YDBear · 15/01/2023 17:56

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.

Yes, you have to pay. Usually the judge will award costs against you—at least this was the case last time I was involved in an eviction. The person being evicted usually has to pay the cost of the court action, because they didn’t leave when legally asked—they made the action necessary so the cost falls on them. Often they don’t pay and then it’s up to the property owner whether they want to chase them through the county court for the money. If they do and you don’t pay you’ll end up with bailiffs taking your possessions away “Can’t Pay? We’ll Take It Away” style.

Babyclb · 15/01/2023 17:59

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.

2 years is taking the piss really, it’s not ‘a short amount of time’ at all.
It’s not their responsibility to house you for free, of course they can evict you. You aren’t even a proper tenant.

FloozingThePlot · 15/01/2023 17:59

@MattHancocksWhiteBikini is giving you sound, well-rounded advice.

Supertatato · 15/01/2023 18:00

Mynewhome · 15/01/2023 17:50

@OrangeBlankets england.shelter.org.uk/housing_advice/eviction/section_21_eviction/staying_after_a_section_21_notice

Ignore 90% of the posts in here . They are not helpful to you . Its about moving forward and making sure you don't end up on the streets and that means going through the system.

This. This is obviously a massive upheaval for you. I would abandon this thread now if you haven't already, you need real world advice. Please contact Shelter, good luck x

drpet49 · 15/01/2023 18:00

sanityisamyth · 14/01/2023 09:36

2 years isn't a short time. You've had a bloody good deal living somewhere rent free for that period of time.

This. What have you done with the money you have saved from not paying rent?

TwilightIndoors · 15/01/2023 18:03

I have not read all posts

I believe that the new LL should put state their name & address & issue a new tenancy agreement from day 1.

At this point they could put your rent up to market rate & charge a deposit

There are other LL responsibilities too like regular home visit checks, gas & safety checks etc

However it seems that they have requested you to leave, which is fair enough if you haven't been paying rent.

The next step should I think be
Tenancy agreement
Section 21 request to vacate the property

Either way, they probably want yo sell the property or rent it to a paying tenant