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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:
GinUnicorn · 14/01/2023 11:48

Op I am sorry you are struggling with your mental health.

in your situation I am inclined to think having an action plan is the best way forward. I would suggest the following:

Speak to the executors about when they want to sell and see if you can stay on until it is sold in exchange for
Keeping the place looking nice, clean and looked after. Gardens can quickly become over grown if neglected.
Arranging viewings and offering to be out or show potential buyers around.
Ensure them that as soon as a sale happens you will leave the place empty, tidy and clean.

House sales take time. There is no reason by being helpful and grateful you shouldn’t be allowed to stay on a bit longer. It could take months to sell.

During this time keep to a strict budget and save save save so you have a deposit and ideally a months rent spare. Look at places you can afford that are commutable to your job.

You can do this OP

LumpyandBumps · 14/01/2023 11:48

I can understand that you are faced with an upsetting situation. Even though you knew the situation was temporary, and by any measure 2 years rent free is a good length of time, we can all bury our heads in the sand to some extent.
Just because you knew this time would come it doesn’t mean that it’s not scary right now.
The long term answer to whether they can evict you is almost certainly yes. Ultimately if the owner of a property wants possession back they will normally get it.
Eviction and selling a property is not a quick process though, so try not to panic. There is no question of you needing to leave in days or weeks.
Use this time to get your finances sorted out, and look for a small self contained property for you and your dog. One of the large animal charities, I think Battersea or Dogs Trust has helpful advice for people trying to rent with pets.
Try to keep on good terms with the executors. Hopefully you have looked after the house very well and they may be willing to give you a good reference. They MAY even be willing to provide some financial assistance towards obtaining a new tenancy. ( I may get shot down in flames for this suggestion, but as a landlord I know that this is sometimes viewed to be a much more pragmatic option.)
One thing I would say though is to ignore an earlier suggestion to not pay bills as the executors will have to pay them out of the estate. Bills are the liability of the occupier, and normally only fall to the owner of the property if it is unoccupied. Private renting is hard enough with a pet, and you don’t need to add a bad credit rating into the mix.
Good luck.

HoppingAndHoping · 14/01/2023 11:51

I understand that home / where you feel safe and the prospect of losing that can be daunting. Especially if there are MH issues involved. But have clearly benefited these last 2 years from a very generous agreement. And you WILL need to move out.

Best solution that I can think of:
Contact them. Tell them that you are aware that you will need to move out but that you will need time to sort out an alternative.
Offer them 3 months (it will probably be reduced to 1 or 2 months in negotiations) and agree to having moved out after that time period.
And that you will continue to keep the house in good shape etc until you move.

You may need to pay rent for that time period. Offering it yourself may be appropriate.

Honest communication will IME help you in this kind of scenario.

ShrinesofGaiety · 14/01/2023 11:52

TangledWebOfDeception · 14/01/2023 11:14

@OrangeBlankets It’s scary but when you sort things out for yourself you will become stronger and more resilient each time. Honestly, as scary as it is, do it. Most of us can cope with far more than we think we can, we just need to practice.

It also feels good to be in control of your own situation. Wishing you all the best!

This

freyamay74 · 14/01/2023 11:52

@GinUnicorn seeing what the OPs attitude is like, the last thing the executors and beneficiaries need is to allow the OP to do house viewings! She'd probably do her damndest to put potential buyers off!

Emotionalsupportviper · 14/01/2023 11:52

Notarealmum · 14/01/2023 11:30

OP, I have no suggestions to make, I’m afraid, but I hope you find somewhere for you and your dog to live soon. People on this thread have been unnecessarily cruel and judgmental in my opinion.

I agree. Very judgemental and unkind.

I don't know where you stand legally if you have a tenancy agreement - you may be able to remain as a sitting tenant when the house is sold, however you will be expected to pay an economic rent, which you may not be able to afford.

Go to Citizen's Advice nd see if they can help, or post on legal. It is very difficult for you, especially with having a dg, which you will obviously love, but which makes getting another place just that much harder.

I can't help in practical terms because I have no idea about the law, but I do hope you are able to get help soon.

gogohmm · 14/01/2023 11:53

You need to consider yourself fortunate that you got to live rent free. As it takes time to sell, rather than being obstructive, offer to clean the place to a good standard and show buyers around on the agreement you will vacate by the end of March is my suggestion

Womencanlift · 14/01/2023 11:54

Wow you didn’t/don’t pay rent and you thought this would be a long term arrangement even after the home owners death

That is very entitled

HoppingAndHoping · 14/01/2023 11:55

Ultimately:
any reasonable person will want to avoid needing to evict you or any other kind of legal conflict (even if they know that they will most likely win).

You will know be aware that you will most likely lose. if you are reasonable you will therefore also want to avoid unnecessary stress, legal fees etc.

What does seem reasonable is asking them for some time.

I therefore believe that you should contact whoever is executor of the will and try to find a solution.

HoppingAndHoping · 14/01/2023 11:56

Know = now

Truthseeker456 · 14/01/2023 11:57

No good deed goes unpunished

LookItsMeAgain · 14/01/2023 12:01

I realise this will be an unpopular suggestion but I think you're going to stand a much better chance of being rehoused if you don't have a dog. If your dog is house trained, then they will be in a good position to be rehomed themselves. I'd suggest trying to get the dog rehomed and then it's just you. Landlords, many of them anyway, don't want to rent to a pet (cat/dog) owner because of dander and hair that even with the best intention can remain after a renter leaves even if they vacuum regularly and keep surfaces clean.
It's just a suggestion.

I'd also think that for the past 2 years, irrespective of your health situation, you've not had to pay rent (bills, yes but not rent) that you must have some money saved during that time. If not, why not?

Tamarindtree · 14/01/2023 12:08

Presumably as you didn’t pay rent you have accumulated savings?

Just leave ASAP.

SuperTrooper7 · 14/01/2023 12:18

Read the full fecking thread people!!

GirlsNightOut33 · 14/01/2023 12:19

you may be able to remain as a sitting tenant when the house is sold

Any half competent lawyer will tell the executors to absolutely not go through with the sale on this basis - or expect to - as only an idiot would agree to buy with that situation. The house is unsellable while op is in it. It has legal risk written all over it - a favour gone wrong for temporary housing, no clear legal setup, tenancy contract or deposit protection, why on earth would anyone agree to buy it? The op is effectively robbing the beneficiaries of their legal asset while she plans to play hardball about getting out.

Mynewhome · 14/01/2023 12:19

Honestly op go to your local council and ask for help/get advice.

Half the stuff people are going on about Is not even relevant to you getting help.

MrsSkylerWhite · 14/01/2023 12:21

Butitsnotfunnyisititsserious · Today 09:40
It's been more than a short time and hopefully you've saved up something. You don't have a legal right to stay in the house. Its not yours“

This

Florissant · 14/01/2023 12:22

Emotionalsupportviper · 14/01/2023 11:52

I agree. Very judgemental and unkind.

I don't know where you stand legally if you have a tenancy agreement - you may be able to remain as a sitting tenant when the house is sold, however you will be expected to pay an economic rent, which you may not be able to afford.

Go to Citizen's Advice nd see if they can help, or post on legal. It is very difficult for you, especially with having a dg, which you will obviously love, but which makes getting another place just that much harder.

I can't help in practical terms because I have no idea about the law, but I do hope you are able to get help soon.

The OP states in their original post that the tenancy agreement was with the POA, which ended with the grandmother's death. It's not helpful to anyone to post inane and irrelevant information.

flirtygirl · 14/01/2023 12:24

Bitches on mumsnet came out in force on this thread.

Judgemental....

Trinity65 · 14/01/2023 12:25

Bet you wish you hadn't asked now ay OP with some of the Witches comments .
Harsh, hard and total lack of empathy.

SlouchingTowardsBethlehemAgain · 14/01/2023 12:33

You will be OK OP you are stronger than you think. Ignore the nasty posters - some people just get jealous. If you are considered vulnerable you might get a placer with a Housing Association.

IncompleteSenten · 14/01/2023 12:35

Yes of course they can.
They just need to follow the legal procedure.

You could go to your local authority when they give you your notice. The la will advise you.

Most likely that advice will be to stay where you are until they go through the court and bailiffs are booked to come and forcibly evict you otherwise they (the la) will consider you intentionally homeless and will not help you.

It's hugely unfair to the homeowner but that is the reality and the law re eviction trumps what's fair 🤷

Make an appt with shelter and the cab for help and advice.

Ultimately you cannot continue to live there so you need to start preparing to move out.

Lovelysausagedogscrumpy · 14/01/2023 12:36

I don’t think you have any right to stay. Do you know if the house is being sold to settle outstanding care home fees, as in certain circumstances local authorities can agree to defer the sale of a home. I would think the death of your GM would then trigger repayment of those fees. You wouldn’t qualify to stay on in the home and further delay any sale to pay care fees because there are strict rules as to who qualifies, and you would need to have been resident in the home before your GM entered care. In addition, I think if your tenancy agreement was with your GM, then that agreement died with her, and the executors now have the ability to evict you. Rather than fighting to stay on, you might be better putting your energy into finding a suitable alternative.

freyamay74 · 14/01/2023 12:37

The op is effectively robbing the beneficiaries of their legal asset while she plans to play hardball about getting out.

Trying to. She won't succeed as she has no legal right to remain there. The house belongs to other people.

Do some people seriously think #bekind means 'never call out selfish, untitled and unkind behaviour'?!

99% of people have just told it as it is. That's not mean or bitchy. The OP has had a huge leg by living rent free for 2 years (and was quite prepared to freeload off a grandmother she says 'wasn't a nice person!) I guess in the OP's massively entitled mindset, the grandmother 'wasn't nice' because 2 years rent free isn't enough and she now wants the fucking house as well.

Honestly, you couldn't make it up!

ShimmeringShirts · 14/01/2023 12:39

The question isn’t “can they make me leave?” - they can. The real question is “Do I want to fuck my family over and force them to take me to court, destroying any family ties we have?”

If you’re ok with destroying your relationship with your family, go ahead and let them take you to court to evict you. They will win and you’ll lose more than your home.