Page 2 | Family living rent free - please help!

EwwwwwwDavid · 2024-12-04T13:57:05+00:00

I'll try to summarise and really hope someone can help, I do have a solicitor but they aren't coming back to me! I have an aunt and her boyfriend who have been living in my second home rent free, with a view to buying it. They have been there 12 months. They have materially damaged the property. That sale is about to fall through due to appalling, abusive behaviour on their behalf. What is my legal position to get them out? There is no verbal or written agreement with me, they were never asked to pay rent, they were just there as I am kind. I want them out Ideally I also want them to make good the changes they have made but understand this may not be possible Any advice?

Original poster

EwwwwwwDavid · 04/12/2024 20:07

SheilaFentiman · 04/12/2024 20:05

I really want to pull out.

Well, you can, but then what? As yet, they haven’t been asked to leave so you don’t know if they will.

This is what I'm here asking about... the steps to get them to leave and my legal position

In the absence of any response as yet from the property dispute solicitor

OP posts:

SheilaFentiman · 04/12/2024 20:11

Ok - to be fair, it wasn’t 100% clear at the beginning.

Anyway.

It would seem to be premature to change the locks or issue eviction letters, etc, when you haven’t actually asked them to leave.

What would your mum say if you asked them to leave, given she got you into this
mess?

whenemmafallsinlove · 04/12/2024 20:16

Wouldn't it be better to push the sale through and walk away with your money?

OVienna · 04/12/2024 20:16

Sab06 · 04/12/2024 19:33

I would just wait they live for work or shopping and get in, change the locks and put their stuff outside. They are not tenants so not protected by any binding contract. What are they realistically going to do?? get the police involved? it’s a civil matter. They have no leg to stand on. They will pick their stuff and leave. Good luck!

This is what I would do too, or some variation of it.

Go to the property, tell them the sale is off and don't leave the property until they go.

AConcernedCitizen · 04/12/2024 20:17

So it's only you threatening to cancel the sale? Or them too?

Why not let it go through and be done with it?

From what you've said it sounds like they'd make it very difficult for you if you refused to sell to them, so I'd have a serious think about how much hassle the principal is worth.

Not sure what their exact legal position is, but you will likely need to go through the courts to get them shifted if they won't leave of their own free will.

Ellerby83 · 04/12/2024 20:18

whenemmafallsinlove · 04/12/2024 20:16

Wouldn't it be better to push the sale through and walk away with your money?

This. You have bigger problems if you don't sell it to them

Bobbybobbins · 04/12/2024 20:18

Obviously they are being a pain but wouldn't it be easier at this stage just to complete the sale and move on? Otherwise you could get into a lengthy eviction battle, they could do more damage etc.

NoSquirrels · 04/12/2024 20:20

whenemmafallsinlove · 04/12/2024 20:16

Wouldn't it be better to push the sale through and walk away with your money?

This is what I’d think too.

If you pull out of selling to them then you have a huge legal hassle, they can damage the property more, maliciously, and presumably there’s a relationship issue with your mother to consider too.

Just hold your nose and get the sale done.

TheSilkWorm · 04/12/2024 20:20

Why do you want to cancel the sale?? Surely much better to get it done, get the money and wash your hands of the mess?

kitchenhelprequired · 04/12/2024 20:33

The pulling out of the sale is the easy bit. In order to exchange and/or complete your solicitor has to speak to you to confirm you are happy to proceed so even if they don't get back to you at any point before then you just say no, the sale is not going ahead. It's a completely different issue to getting the relatives out the house.

You say it's legally yours but morally your mums house - there's obviously a story there but all that matters is who the legally owner is. How did they come to live in the house and how long ago? Has there ever been a tenancy agreement?

Beigepuppydog · 04/12/2024 20:36

EwwwwwwDavid · 04/12/2024 20:01

Though legally it's my house morally and practically it's my mums. I didn't have a say

Show quote history

You need to wise up. "Morally and practically" doesn't come into it. That is total lies told to you by someone who wants to control you (that would be mum, aunt and aunt's boyfriend).

If the house is in your name, IT IS YOURS and nobody can tell you what to do with it, including mum/aunt/boyfriend.

I'd change the locks on them as soon as they go out. Bag up all their stuff and leave it outside.

Stay there so as not to leave the property unattended (because they may try to break back in and change the locks so you can't get in) and preferably get a friend to stay while you go to work or get a security company as other posters have mentioned. Call the police if any of them (including your mum) come back and try to gain access, including banging on the door repeatedly and yelling at you.

These people are not your friends and they don't care about you or love you, they wouldn't treat you this way if they did. They are effectively trying to steal your house. Get it sold to someone else ASAP and don't give your family the address to the next place you buy.

Beigepuppydog · 04/12/2024 20:41

TheSilkWorm · 04/12/2024 20:20

Why do you want to cancel the sale?? Surely much better to get it done, get the money and wash your hands of the mess?

They probably have no intention of paying ever and are probably expecting it sold at a discounted rate. They're thieves basically. Financially abusive and emotionally abusive relatives.

Before I get accused of making stuff up, I can tell they're emotionally abusive by the fact their coercive control has got the OP believing that "morally and practically" bullshit. They've managed to convince her she doesn't own her own house! And that she has to do what they say. They have probably been emotionally abusive and controlling for her entire life, which is why it feels normal to her.

Ellerby83 · 04/12/2024 20:57

The price will be on the contract surely, which is about to be exchanged

Original poster

EwwwwwwDavid · 04/12/2024 20:59

SheilaFentiman · 04/12/2024 20:11

Ok - to be fair, it wasn’t 100% clear at the beginning.

Anyway.

It would seem to be premature to change the locks or issue eviction letters, etc, when you haven’t actually asked them to leave.

What would your mum say if you asked them to leave, given she got you into this
mess?

Mum is not happy but willing to let me decide

It's not my money it's my parents and my dad wants to walk as well, so there is conflict

I appreciate I am acting out of dislike and vindictiveness

I know that I would have to ask them to leave first I'm just trying to make myself aware of the possible repercussions of this route / eg if court was needed it would put me off and I'd suck it up

OP posts:

Original poster

EwwwwwwDavid · 04/12/2024 21:00

AConcernedCitizen · 04/12/2024 20:17

So it's only you threatening to cancel the sale? Or them too?

Why not let it go through and be done with it?

From what you've said it sounds like they'd make it very difficult for you if you refused to sell to them, so I'd have a serious think about how much hassle the principal is worth.

Not sure what their exact legal position is, but you will likely need to go through the courts to get them shifted if they won't leave of their own free will.

Only me

They want the sale they are just being difficult twats and we are now losing money while their lump sum earns interest

OP posts:

SheilaFentiman · 04/12/2024 21:02

It's not my money it's my parents and my dad wants to walk as well, so there is conflict

How is it your parents’ money if it is your house?

fridaynight1 · 04/12/2024 21:04

I think I’d just crack on and sell them the house. They can sort out the repairs once it’s theirs.

Whyherewego · 04/12/2024 21:04

Ellerby83 · 04/12/2024 20:18

This. You have bigger problems if you don't sell it to them

Show quote history

Absolutely agree with this!

Mostlyoblivious · 04/12/2024 21:07

I am so confused. Who owns the property? This needs to made less complicated. If you want to cancel the sale, then cancel the sale and issue an eviction notice and go through that wrangle with them. Or if you’re feeling particularly peeved at them make an in-person meeting at the EA and perhaps get the locks changed whilst they are there and throw them out. I would however suggest that is a terrible choice.

PlanningTowns · 04/12/2024 21:08

Soooo… you own the house but there is some connection to your mum (don’t understand that but legally it matters not). They moved in a year ago with no contract on the basis that they will buy it (so assumed they were saving for a deposit for it).

the sale is progressing with exchange/completion Friday. They have asked for various unreasonable things during the sale (just say no).

you now wish to pull out of the sale because they are being arseholes. You then want to go through the legal process of evicting them.

honestly most buyer are a pain in the arse and selling properties is awful. Just keep saying to to their demands. If they do not exchange and complete Friday for no good reason or without a clear timetable for exchange completion (it can be any day of the week!), then threaten them, through your existing solicitor that the sale will be halted and they have 1 weeks notice to vacate. In that time seek specialist advice. Depending on the extent of damage to the house you could take them via civil court for damages (but that will cost even more).

try and let the sale go through and move on without them inYour life (hoping no drip feed to say you live in the house next door)

Spirallingdownwards · 04/12/2024 21:08

Give them notice to leave. If they don't you start eviction proceedings.

Or give them am ultimatum to exchange and complete without any of the conditions previously imposed.

Original poster

EwwwwwwDavid · 04/12/2024 21:09

No one has told me morally and practically, that's my own view

It really is my mums house it's just in my name

It's a huge headache

OP posts:

StormingNorman · 04/12/2024 21:09

Why don’t you give it until Friday to see if the sale goes through?

Original poster

EwwwwwwDavid · 04/12/2024 21:11

SheilaFentiman · 04/12/2024 21:02

It's not my money it's my parents and my dad wants to walk as well, so there is conflict

How is it your parents’ money if it is your house?

They paid for it initially with a goal of reducing inheritance tax, in the end that did not materialise and they need it sold to realise the money they put into it

I have my own home which is why this is classed as a second home, I've literally invested nothing into it

But I hate these people and how they treat my mum ( it's mums sister)
So does my dad

And the final say does sit with me

And it's my time being used up to deal with this

OP posts:

Original poster

EwwwwwwDavid · 04/12/2024 21:12

PlanningTowns · 04/12/2024 21:08

Soooo… you own the house but there is some connection to your mum (don’t understand that but legally it matters not). They moved in a year ago with no contract on the basis that they will buy it (so assumed they were saving for a deposit for it).

the sale is progressing with exchange/completion Friday. They have asked for various unreasonable things during the sale (just say no).

you now wish to pull out of the sale because they are being arseholes. You then want to go through the legal process of evicting them.

honestly most buyer are a pain in the arse and selling properties is awful. Just keep saying to to their demands. If they do not exchange and complete Friday for no good reason or without a clear timetable for exchange completion (it can be any day of the week!), then threaten them, through your existing solicitor that the sale will be halted and they have 1 weeks notice to vacate. In that time seek specialist advice. Depending on the extent of damage to the house you could take them via civil court for damages (but that will cost even more).

try and let the sale go through and move on without them inYour life (hoping no drip feed to say you live in the house next door)

I think I've drip fed far too much (unintentionally, my brain is frazzled!) but no, I live 2 hours away

OP posts: