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AIBU?

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Simply don't know what to do.

227 replies

Cantgiveitaway · Yesterday 21:42

4 years ago we inherited a house. It has been on the market for the entirety of that time. It is on sale for approx 25% of market value. Reasons below:

The property is non-standard construction and therefore unmortgagable (we have explored this extensively).

It has a sitting lifetime tenancy on a peppercorn rent. Tenant is in their 70s and in good health.

We cannot sell it due to the above.

For those unaware, lifetime tenants cannot be evicted and the rent is very tightly controlled. We have increased it to the maximum allowed every year for the 4 years we've owned it. It still doesn't constitute £1000 a year.

We do not have any more money to put in to the property. We've done the legal required stuff. We've explored legal avenues for eviction ABD offered to give (gift) the property to the sitting tenant.

We basically need someone to come along with enough money to keep the property legally for 20+ years before they can do anything with it.

The most recent gas and electricity safety checks and the EPC have shown significant work needed in the next 12 months to keep it legal. We can't do it. Our only option is to sell our home that we, move in to a much smaller property in a different area (moving children's schools and away from family) and renting ourselves.

We have 0 savings because of the house and cannot afford basic things for our own home.

I just don't know what to do.

WWYD? We literally cannot give it away - we offered it to the LA and to a social landlord and a landlord with an extensive portfolio in the area and all said no.

In 20years, when the tenant dies or moves in to care the land might be worth something (and therefore sellable) but we can't wait that long. We had absolutely no idea the property existed until we inherited it and I've no idea why we did.

Any out of the box thinking here from the hive mind?

OP posts:
Negroany · Today 05:22

I wonder if mediation might work.

If you and the tennant could agree that she pays a rent nearer to market rent, on the basis this is probably covered for her by UC anyway......a mediator might be able to work with both of you to help come to that conclusion.

All you really need is your costs covered so it doesn't have to be a very high rent, maybe £350pm.

And double check what you're liable to pay and what she should be maintaining.

Any breach of the tenancy by her, jump on it.

Negroany · Today 05:26

Skippydoodle · Today 02:27

It’s too late to reject the bequest, but you could do this:
You must immediately try to move the property out of your personal name to stop the personal liability from escalating.

  • The Action: Incorporate a brand new UK Limited Company online today (it costs around £12–£50 and takes 24 hours). Instruct a fast-tracked conveyancing solicitor to transfer the property deed from your personal name to your new company for a nominal value of £1.
  • The Result: The urgent maintenance liabilities and the tenant's rights are legally transferred to the company. Because the company has no money and no other assets, it will instantly become insolvent. The company can then be wound up or forced into compulsory liquidation. The liquidator will formally disclaim the house as "onerous property" under Section 178 of the Insolvency Act 1986, passing it safely to the Crown (Bona Vacantia).
  • The Risk: You must do this before the local council issues a formal personal enforcement notice against you. A solicitor must ensure this transfer is not viewed as a fraudulent conveyance, but because the property has genuinely negative value and you are genuinely unable to pay, insolvency is the correct legal framework.

i would contact an insolvency practitioner ASAP to get this started. Good luck.

As long as neither of their jobs would be impacted by them being director of an insolvent company.

BananaCocktail · Today 05:27

Seriously, find some gypsies / travellers who will buy it off you.

Make a large sign and put it outside offering the land (not house) for sale - get some interest going.

Actually sell a bit of the land for property building

Seabreeze18 · Today 05:43

Who was the solicitor that informed you of this gift? Can u go back to them and complain that u were not informed u could refuse it?

SethAndReubenTooSendGaloshes · Today 06:00

Jupitercore · Yesterday 22:31

1,Can you gift it to a charity?
2,Raffle it off?
3, Can you get a loan against it, just pay the interest till it's time to sell?

Sorry just throwing ideas out there..

Can you rent another room out in the house? If a 2 or 3 bedroom house, get a tenant in one of the other rooms perhaps?

You can't force a tenant to have a flatmate against their wishes? Goodness me

SethAndReubenTooSendGaloshes · Today 06:02

Merrybandofpirates · Yesterday 22:32

Will the tenant not even discuss the possibility of moving? If they don’t have much money then benefits would cover a lot of their rent. Is it someone you can talk to? I cannot imagine anyone who could be so awful as to essentially bankrupt you.

It was a bad decision to accept the inheritance. You’re stuck now. Has no one been able to give you any advice on how to get out of this?

Why would they? It's been their home since before 1979 if they are sitting tenants. They are older and coming into the last years of their life. They would be crazy to move out.

SethAndReubenTooSendGaloshes · Today 06:03

BountyMarsMilkyWay · Yesterday 22:33

Just to make sure I've got this right. You can sell it with but with the tenant still there? So no one else would be able to move in even if they owned it? Did the person you inherited it from also live there?
Is it possible to rent part of the house out/have a shared house arrangement?

Why are people suggesting something completely ridiculous like renting out part of what is legally someone else's house?

SethAndReubenTooSendGaloshes · Today 06:05

Pollypops1983 · Yesterday 22:59

Surely lifetime tenancies no longer exist following the introduction of the renters rights act? All tenancies are now assured periodic tenancies. As you want to sell, you can reasonably ask the tenant to vacate. You serve the appropriate notice to the tenant, to be followed up in court should it be needed.

They do if they were initiated before 1979.

SethAndReubenTooSendGaloshes · Today 06:06

3luckystars · Yesterday 23:08

Yes exactly.

That would be illegal

SethAndReubenTooSendGaloshes · Today 06:07

NotAnotherScarf · Yesterday 23:11

No but you can not renew the tenancy if you want to live there yourself....6mths a year of having your clothes and a bed there...

This is a lifetime tenancy. What are people not getting?

SethAndReubenTooSendGaloshes · Today 06:07

3luckystars · Yesterday 23:12

I would absolutely move in and I’m not that easy to live with.

You'd illegally occupy someone else's house? How do you see that working out?

SethAndReubenTooSendGaloshes · Today 06:09

Yoheresthestory · Yesterday 23:22

Can you make the house into two flats? Tenant gets one?

How are you suggesting she does that with the tenant in situ who clearly doesn't want that??

SethAndReubenTooSendGaloshes · Today 06:10

Yoheresthestory · Yesterday 23:23

What if there was a major leak? Surely she’d have to move out till fixed? Is there some scenario like that you can mimic?

You mean break the law?

SethAndReubenTooSendGaloshes · Today 06:12

FridayPieday · Today 00:00

Suggestions:

  1. Declare yourself bankrupt. You'll be out of it in a year. This property nightmare could be hanging over your head for 20 years.

  2. The unreasonableness of the tenant has meant that the only person who would buy this property is someone who doesn't care much about the law. Identify a local thug and sell it to them at a bargain price Not nice I know. But why should you be made bankrupt by this person?

  3. Could you sell part of the garden to the neighbours to fund the required work? Rent out the parking spot in front of the house?

The tenant is not unreasonable. They have a legal tenancy and this is their lifelong home. What reasonable action do you think they should take? Make themselves homeless for OP's convenience?

SethAndReubenTooSendGaloshes · Today 06:14

Aussiemum87 · Today 00:19

Can you advertise is as land only - no house. I’ve seen this done in Australia before.
and either market is as existing property unlivable - land only for sale.
or demolish it and sell the land

Demolish it with someone living in it?

SethAndReubenTooSendGaloshes · Today 06:16

Rustfinch · Today 00:39

Have you explained to the tenant what they're doing to you and how this is affecting your life? I certainly wouldn't be moving home and "investing" more money into this abyss of a house, just so the tenant can continue living the life of Riley at your expense!

At this point I'd be being very blunt with them and telling them that the property is unsafe to live in and you're not going to be doing the work to make it safe, because you can't afford to. That even if they take you to court you still won't get the work done and nor will they get any compensation, because you'll apply for bankruptcy. Say there'll be no more repairs or maintenance of any kind from you unless they voluntarily agree to raise the rent in line with social housing rents, so around £100/wk.

Ask about their finances, if all they have is state pension they'll get housing benefit and that will pay the rent, it won't cost them a penny extra, it may even mean they pay less if the housing benefit entitlement covers the entirety of the rent.

These kinds of threats would be coercion and illegal

SethAndReubenTooSendGaloshes · Today 06:16

WitchesBritches · Today 00:57

Yes, they have been some ridiculous suggestions but there have also been some good suggestions. How conceited to think yours was the only good suggestion.🙄🙇🏻‍♀️

There have been zero good suggestions

SethAndReubenTooSendGaloshes · Today 06:17

Rustfinch · Today 02:07

Of course she's unreasonable. She's got basically no rent. And has cost the OP her life savings in property repairs.

It's unreasonable for the tenant to pay about £12 a week in rent while OP would have to move home to a worse area, a smaller property, selling her own home to become a renter herself and making her DC move schools and leave their friends behind - all because this selfish tenant won't pay any kind of halfway reasonable rent (that she'd probably be able to recoup in housing benefit too!).

She's got good landlord and secure tenancy. So far no reasonable landlords, like social housing, have wanted it even for free (and certainly nobody's going to buy it) so only person likely to take it on is someone who probably wouldn't be a good landlord or care much about the law and would try to get her out.

So why can't she be grateful that for her entire life she's never had to pay any real rent, accept that this is no longer a fair situation, since her landlord isn't rich or a big business and is basically bankrupt themselves because of her, and that she needs to just pay some higher rent?

The tenant is shooting herself in the foot treating OP like shit the way she is. She's going to lose a good landlord (and probably her home) over her actions.

No she's not. She can't be evicted. How is she going to lose her home?

SethAndReubenTooSendGaloshes · Today 06:19

Francestein · Today 05:03

Hire the squatter people who “rent” it legally from you and make them uncomfortable. (You might need to not re-sign their lease?)

What???

tripleginandtonic · Today 06:19

Mossyfox · Yesterday 21:50

Why didn't you just refuse the inheritance. I don't know why anybody would want to buy it in the circumstances you have described.

This.

SethAndReubenTooSendGaloshes · Today 06:20

tripleginandtonic · Today 06:19

This.

She's answered that, she didn't know it was an option

ArtieChoke · Today 06:22

Gift the house to the tenant

with a legal sticking point that if they sell the property if there off spring sell within 35 years you get a percentage of the sale

Lifestooshort71 · Today 06:27

SethAndReubenTooSendGaloshes · Today 06:20

She's answered that, she didn't know it was an option

Well done for trying to keep this thread on track. So many ridiculous/illegal suggestions from posters who can't even be bothered to read the OP's posts.

TeaCupTinsel · Today 06:30

This is such an awful situation OP, I am so sorry.
Could you do as others have advised and use the free legal advice line on your home insurance? Also perhaps see if there is legal recourse against the firm who gave you the inheritance without informing you that you could refuse it? It's such a poisoned chalice and could destroy your life...surely they should have informed you that it could be refused?

Somethingsquishy · Today 06:34

ArtieChoke · Today 06:22

Gift the house to the tenant

with a legal sticking point that if they sell the property if there off spring sell within 35 years you get a percentage of the sale

Fuck sake. This thread is infuriating because of the amount of people who haven’t bothered to read the OP’s posts, which have covered this particular suggestion multiple times.

THE TENANT WILL NOT ACCEPT IT.

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