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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Mandyjack · 15/01/2023 18:19

Assuming you don't pay rent or have any sort of contract? If that's the case yes you need to leave. You'll have to go to the council and declare yourself homeless. Ask the solicitor acting for the executors a letter informing you of notice to quit

Somersetgirl1 · 15/01/2023 18:20

Goldilocksmother · 14/01/2023 10:24

Your grandmother isn’t a nice person?

She let you stay rent free for two years reducing the pot for the will -

If it’s £500 a month locally that’s £12,000

This. I wish I had a grandmother who wasn't nice😀

JustAnotherManicMomday · 15/01/2023 18:23

This comes down to who the grandmother left the property to. I'd the poa was left the house it would depend who they left their estate to. For example if gp died and left to pop it would have gone to person or person in their will, if poa died first then it would be down to gp will only. Is poa your parent if so and you inherit their estate then you may partially own part of property if they were the beneficiary. Ultimately though you had 2 years rent free and you knew it wasn't going to last forever. The owners have every right to rent it out at the going rate or sell it.

Twentytwothousand · 15/01/2023 18:25

OrangeBlankets · 14/01/2023 09:59

No I'm not named in the Will.

I don't think the Will is very fair but my grandmother wasn't a nice person.

The executors want to sell the house.

I do have a job now but I haven't saved money up because I haven't been well.

Nice or not you’ve benefited massively from living rent-free in her house for two years. The genuine beneficiaries of your grandmother’s estate will have their own issues to deal with. Give them a fair timeline for when you’d ideally like to vacate the house. They may be ok with a month or two. Leave it in good condition and it won’t then turn from preventing her house getting damp or burgled, which presumably was what the POA had in mind, to taking the piss. You’ve been fortunate to live rent free whilst you’ve been unwell. Now the people she actually left the house to will want what’s rightfully theirs.

Twentyfirstcenturymumma · 15/01/2023 18:29

YAB VERY U.

Sennelier1 · 15/01/2023 18:36

I think you have been given a véry generous break by your family. You didn't follow up on it by f.i. getting your own accomodation. So yes, you will have to move out.

WiddlinDiddlin · 15/01/2023 18:44

Ah theres a lot of folk being dicks for the sake of it OP.

IF you are charged court fees, you'll be able to pay those in suitable, affordable installments.

If you need to be evicted to access local authority homelessness services/housing, then thats what you need, as much as its a pain in the arse for property owners, it IS the case unfortunately.

You have some case here however, you were NOT aware that the POA actually did not have the legal right to permit you to live in the property, and I would use that if necessary.

I would talk to your LA housing office, and also to CAB to explain the situation and find out where you stand.

BaconChops · 15/01/2023 18:50

Yes! It isn’t your house?!

bewilderedhedgehog · 15/01/2023 18:53

Where does it say the poa did not have the legal right to let them live there?

GreenFingersWouldBeHandy · 15/01/2023 18:54

but my grandmother wasn't a nice person

Although she let you stay rent free in her house for years?

Yes they can sell, yes you need to find somewhere and to be honest I think you need to apologise to the rest of your family about your behaviour. And pay for any legal costs.

How entitled can you be?

Just own it. Admit you've been a bit of a twat and sort it out.

Or do you want to lose the rest of your family too?

Stopcomplainingandsortit · 15/01/2023 18:55

Have you been left anything in your Grans will? I was thinking you might be able to offer to buy your Grans house which would save a lot of bother. If you're working you could maybe get a mortgage for it!!

THEDEACON · 15/01/2023 18:56

Of course you can be evicted Get legal advice from Cab or Shelter

Vynalbob · 15/01/2023 18:56

I think some replies fail to read the OPs posts.

Check with CAB and take with you any paperwork you have showing how long you've been there paying bills etc.

Good luck 🤞

Morgysmum · 15/01/2023 18:57

Unfortunately yes. It's a very stressful time for renter's at the moment. Our old Landlord, decided to sell the house, we had been living in for 12 years, at the End of October.. Yep just near Christmas, great time, houses in our area are, coming on the market to rent one day and been let the next. With about 25 plus people applying to rent in 1 day.
We have managed to find some where, but feel lucky that both myself and my partner work full time, we wouldn't pass checks, if it was just one of us working full time the other part time.
A neighbour of ours (old house) who was shocked by, how quick our house sold and that the landlord wanted to sell. Has just found out that, it will happen to her and her husband sometime this year! Only he works, as she looks after there son with special needs. Luckily, they have more notice to prepare and try to get on the council list, but at last I knew that was a 18 year waiting list.
All I can say is talk to Shelter. Good luck.

Elliecat7 · 15/01/2023 19:05

Of course they can! It’s not your house! Since you’ve been living rent free you should have a lot of funds set aside. Did you think your free ride would last forever? Good luck with your move.

CheshireCat1 · 15/01/2023 19:08

You need to inform the local council that you’re about to be made homeless.

TrashyPanda · 15/01/2023 19:10

bewilderedhedgehog · 15/01/2023 18:53

Where does it say the poa did not have the legal right to let them live there?

In the actual POA. There are standard clauses for financial and medical aspects, in order to ensure the vulnerable person is not being taken advantage of.

the finance part is there to protect financial abuse of vulnerable people. Allowing a close relative ofthe Attorney to live rent free is almost certainly not acting in the best interest of the GM. Even a below market rent would be better than nothing. As it is,the GM was deprived of 2 years rent.

the whole point of POAs is to prevent situations like this.

KTMeetsTheRsUptown · 15/01/2023 19:18

OP was a "peppercorn " rent agreed? Also the GM did benefit indirectly as OP presumably looked after and kept house secure for all the time she has lived there🤔

MrsPinkCock · 15/01/2023 19:23

Talia99 · 15/01/2023 12:59

That’s not correct. If the original agreement was valid (and not in breach of the duties of the POA), it is legally treated as being made by the deceased and remains valid on death. The ‘landlord’ becomes the executors and eventually the beneficiaries. They would have to comply with the terms of a valid lease to evict the OP.

Whether or not the tenancy agreement was valid since there was no rent and it may not have benefited the owner for the OP to live there is another matter. If it saved the owner paying bills and council tax, that may be seen as enough of a benefit.

Show quote history

I was going to say this too.

A tenancy agreement doesn’t automatically terminate on death. Assuming that it was drafted correctly then it is probably still in effect with the house now forming part of the deceaseds estate and the landlord obligations passing on to the beneficiaries/executors (although I’m not sure which).

pollymere · 15/01/2023 19:42

If you've evidence of paying bills as a peppercorn rent and a tenancy agreement, they may have to sell the house as having a tenant in it. The whole point of POA is that they make legally binding decisions on the part of the person. The decision was made to have you as a tenant so I suspect you have some rights and notice period. They can evict you if they wish to sell the house but this would be subject to the terms in the agreement.

IncompleteSenten · 15/01/2023 19:45

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.

You need knowledgeable advice. I know you said you are going to the cab but ime Shelter are much better.

You need to know your legal position and how best to proceed now.

MichelleScarn · 15/01/2023 19:48

Also the GM did benefit indirectly as OP presumably looked after and kept house secure for all the time she has lived there🤔
Trying to imagine using that excuse with a landlord..... 'why should I have to pay rent? You're benefiting because I'm living there making the house secure! Ive even kindly paid for the utilities I've been using, how lucky are you!'

PetuniaT · 15/01/2023 19:58

Where's the YABU button? I'd like to add to the 100% YABU. You're a squatter.

Oscarbravo · 15/01/2023 20:15

OrangeBlankets · 14/01/2023 09:38

The person who died is a grandmother, I've been paying the bills.

I don't have good mental health. I did sign a tenancy agreement with the POA

I wonder if you don’t have a claim on the estate as your grandmother was effectively supporting you? I have no legal qualifications but if I were you, I’d get legal advice asap.

Stomacharmeleon · 15/01/2023 20:36

You need to seek proper advice. Especially from shelter and the housing department of your local council. Some areas do not have large lists and some have specific housing for older people.
Or attend a food bank with an advocacy service.
Burying your head will not help. You need a plan and then you can inform the people dealing with the estate.
You may just need a letter stating intent to evict to assist you with council.
I think regardless of your situation you are on difficult ground with (I assume) your family if you force them to evict you.
Can your children not help you?