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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:
Maryquitecontrary55 · 14/01/2023 12:40

If you don't own the house and the owners won't rent to you, then you'll have to leave. I'm sorry but if I was in the position of the inheritors, I would be selling as soon as possible. I'm sure they have their own bills to pay. I think most people would do the same. I have my own mental health problems bit I still pay for the roof over my head and I don't expect someone else to do so.

TrashyPanda · 14/01/2023 12:40

Florissant · 14/01/2023 11:31

The tenancy agreement was with the POA. It ended when the grandmother died.

Show quote history

And the whole point of a POA is that the Attorney is expressly charged with handling the estate in the best interests of the person (and in full accord with the law, obviously)

there is no way that depriving the late GM of over two years of rent was acting in her best interests. The attorney seriously failed in their duties.

the attorney is now dead and it is up to the executors to carry out the terms of the GMs will, which do not include OP, who has benefitted massively from the less than ethical actions of the Attorney.

basically, this situation has the potential to become a legal minefield.

unless you want to become embroiled in a legal dispute for years, which will be disastrous for your MH, then accept you have had a huge of help over the last two years and move on - literally and figuratively.

Florissant · 14/01/2023 12:41

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.

The homeowner is dead and so probably won't be bothered with all the fuss.

Livelovebehappy · 14/01/2023 12:43

This reply has been deleted

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Mynewhome · 14/01/2023 12:44

Most of the people on this thread don't know how the housing /homeless system works. Op does not have a choice if you can't find anywhere to go, has no funding to do so then she has to go through the system.

EyesOnThePies · 14/01/2023 12:48

Florissant · 14/01/2023 12:41

The homeowner is dead and so probably won't be bothered with all the fuss.

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

ChungusBoi · 14/01/2023 12:50

I don't have anywhere to go, can they evict me? From the OP

OP is PANICKING about being made homeless, at a point where she’s just got a new job and is starting to get back on her feet. Support for OP will help get the inheritors their money and a fair outcome for the OP and her dog. What does kicking someone when they are down add to this discussion, other than risking sending the OP back down into depression?

Where exactly in her posts does she say she feels entitled to live rent free indefinitely? She’s taken some of the (constructive) advice on board and agreed that she’s going to get some professional advice ASAP. This is an important step. So if you haven’t anything constructive to add, stop being a dick.

@OrangeBlankets I hope you get it sorted and I am sorry if I have spoken out of turn

bewilderedhedgehog · 14/01/2023 12:52

Having been an executor as lots of people will be, the role of the executor is not to change the will, but to enact it and distribute the proceeds. This is a legal role. The only way you could stay in the house would be if the people inheriting it choose to let you stay, which they may not choose to do. I do think you have a right to stay to the end of your tenancy agreement, or the relevant notice period, whichever applies.

EyesOnThePies · 14/01/2023 12:52

OP - if the advice from CAB / Shelter is that it will be best for you to be evicted in order to get LA help, then it will probably be best to explain this to the executors and express your willingness to co-operate with this course of action.

However, depending on where you live, it may not help you. As an employed single person you will probably be a long way down a very long waiting list for Social Housing so if homeless would be accommodated in B&B etc - not ideal and probably impossible to keep your dog. In which case, just get on with finding a private rental.

Ask for a month's notice, and save a month's rental deposit!

EasterIsland · 14/01/2023 12:56

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?

Well, yes. You've had a VERY good run - no housing costs for 2 years!!!! Did you contribute to the maintenance of the house? Did you save the equivalent of rent or mortgage?

ChungusBoi · 14/01/2023 12:57

@EyesOnThePies is right. It may not be easy to get social housing, although in my area it is a lot easier if you are over 55, have a local connection to the area and / or have a disability but that doesn’t require special adaptations, for instance you would be ok in an apartment block with stairs and no lift. This is why good advice is so important to help work out whether to try for social housing, a private rental, or a longer term house sit.

Daleksatemyshed · 14/01/2023 12:58

I'm sorry your MH has been bad, hopefully the fact you've gone back to work now means you're in a better place.
I know it's easy to pretend to yourself that you can stay at the house but sadly law is not on your side. The people who've inherited will want their money and they have every right to it, you don't say anything about them but they could really need the money and if you refuse to leave things could turn nasty.
Please ask for help from CAB, Shelter, the Council, anyone who can help you move on, but move on you must. Don't lose your home and your family by refusing to go

shard5 · 14/01/2023 12:58

Maybe you weren't left anything in the will because she allowed you free use of the house for two years so I wouldn't complain about not being left anything.
Ask them for a grace period so you can look for a rental, don't cause I'll feelings when theyve allowed you to stay rent free.

OnedayIwillfeelfree · 14/01/2023 12:58

If the commercial rent was £1000 a month, that’s almost £25k you have benefitted over the last 2 years. Did all her Grandchildren receive a similar sum?
Time to move out I’m afraid. You should have saved the equivalent money. You say you have a job but can’t save money due to I’ll health. Have you been paying for private healthcare?

GinUnicorn · 14/01/2023 13:06

@freyamay74 I think the OP is panicking about potential homelessness. Assuming she has kept the place nicely for this time it would be in her best interest to be helpful and reasonable but hopefully gain herself a bit more time.

Lovelysausagedogscrumpy · 14/01/2023 13:09

If they are a single person with disabilities, even if they work, there is a lot of financial help available. They just need to access support at CAB and get them to help fill out some forms. If the situation is as she says, there should not be any major issue.

What world is this ? A relative of ours has severe mental health issues and a physical disability. The family had to provide for her after she was made homeless because even as a disabled person the housing authority couldn’t have given preferential treatment if they’d wanted to - there simply isn’t enough suitable housing available.

NowDoYouBelieveMe · 14/01/2023 13:10

Asking on here is just going to get frothing, jealous replied from landlords and bitter people who hate anyone ordinary who is not also having their income drained by rent (it's a race to the bottom round here).

Talk to shelter, they'll advise you on your legal standing and the best way to eventually get rehoused.

Lovelysausagedogscrumpy · 14/01/2023 13:14

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.

The OP’s tenancy agreement was with her GM as I understand it, so that agreement no longer exists as her GM has passed away. And I doubt whether the new owners would agree to trying to sell the house with a sitting tenant, as this would reduce market value and make it virtually unreliable - as any conveyancing solicitor worth their salt, would advise them.

IncompleteSenten · 14/01/2023 13:27

Florissant · 14/01/2023 12:41

The homeowner is dead and so probably won't be bothered with all the fuss.

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Really?
Ok then. Huge apologies for using the word homeowner. 🙄

Please feel free to replace that inappropriate and oh so problematic word that stops my actual point being understandable with any of the following.
Their estate.
Whoever the house was left to.
Whoever is currently managing the home.
Whoever will be responsible for the home.

Starlitestarbright · 14/01/2023 13:30

Your taking advantage it was a short term thing you've been there 2 years! Your grandmother's died she was good enough to allow you live their rent free. The POA had also died. It's not your home. You need to contact the council and say your going to be made homeless. It doesn't matter than you have a dog. It's not your property.

Butitsnotfunnyisititsserious · 14/01/2023 13:34

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.

Not being rude but jealous of what? OP doesn't have a home of her own and is being evicted. People aren't responding how they are because they're jealous, they are being realistic. OP has no legal right to stay in the house.

Topseyt123 · 14/01/2023 13:35

I'm sorry for your mental health issues OP, but I'm afraid that yes, you will need to move out and it would be better to do so before the executors have to take it further.

I think the advice to contact Shelter and the CAB is good and I am glad you are going to do this. Do it sooner rather than later to get the ball rolling and to show cooperation.

I presume that the will leaves the property to the named beneficiaries and in order to achieve that split the house will need to be sold. If you remain there for any length of time then you are effectively preventing the executors and the beneficiaries from winding up the estate and realising their inheritance.

I hope you get something suitable sorted very quickly, but yes, it is now time to move on. This day was always going to come, and now it has but it almost seems to have caught you by surprise. It shouldn't have really, but now you need to deal with things.

Florissant · 14/01/2023 13:36

Butitsnotfunnyisititsserious · 14/01/2023 13:34

Not being rude but jealous of what? OP doesn't have a home of her own and is being evicted. People aren't responding how they are because they're jealous, they are being realistic. OP has no legal right to stay in the house.

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I agree! I had to laugh at the idea that I'm jealous: I own my own home. Why would I be jealous of the OP?

Itloggedmeoutagain · 14/01/2023 13:38

The will wasn't fair?
If the wishes of the person who wrote it were in the will then it's fair. What matters is what they wanted, nothing else.
What on earth makes you entitled to stay? You said yourself it was for a short time.

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