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Unique house situation - need advice

49 replies

alliwantforchristmasis50k · 27/09/2023 09:52

Hi all, have a bit of a unique property buying question that is impossible to search for online and get advice for...wondering if there is any advice that can be given here.

Does require a lot of backstory....

We rent the end house of a terrace in a small village, have been renting through an agency for about 3 years and very happy although house needs some work and landlord is a bit slow to get things fixed. Apart from that we are left to our own devices and are hardly bothered. (We have put up a lot of frames on walls (normally a no no when renting) and have totally sorted the garden at our own expense and put in a cat flap, had an inspection earlier in the year and they were not fussed by any of it).

Our next door neighbour (“Margaret”) is the elderly mother of one of my wife's (“Jane”) best friends (“Anne”), which we only found out when we moved in but turned out to be a pleasant surprise and we started hanging out a lot more. Over covid my other half walked her dog a lot and checked in on her all the time, and we’ve always done jobs for her and checking in on her at Annes request. Several months ago Margaret had a fall and went into hospital, turns out she had some health issues and early onset dementia, so she is now going into a home, moving from temporary to permanent care home sometime soon from what I remember. At some point since then the issue of selling the house was raised and after some informal chars the premise was put forward that they could sell to us, cutting out estate agents etc and allowing us to buy our first house. They are aware we are not ready to buy straight away and do not have a full deposit ready to go, so we would live there for 6-12 months practically rent free in order to save a deposit. We have jumped at it as we are long term renters and this would be a great chance to own our first house.

So...going into bullet points to try and explain pros and cons...

Jane is 6 months pregnant expecting baby at end of December. We have said we want to move in by end of November so we are settled for when the baby is born.

House needs a lot of work, ie half the rooms painting, lots of fixtures changing, general maintenance as hasn’t been updated since later 90’s probably, but nothing structural as far as we know. We will be paying for all this ourselves. We have already started painting one room, and Anne and her brothers are planning a house clearance for about a fortnight's time.

Living practically rent free will allow us to save so much money especially as Jane will be on maternity probably for 9 months at least.

Margaret does not need to money from the house straight away as she has savings to pay for care home, but we have not asked how long they will last etc as we don’t think its our business.

What is worrying us....

What are our legal rights if we move in basically under the radar? We are assuming we will sign some form of contract with them at some point but we have not really sorted anything out yet. We are assuming we will have to tell council, water/gas/internet companies to get amenities switched on, but who do we need to legally tell and who do we not need to inform? If someone finds out can we get evicted down the line?

There are two older (late 40’s/early 50’s) brothers involved both of whom are not local (one in London, one in USA) who are supposed to be sorting evaluations etc as sister has sorted mum out in care home, so us being less involved. They have been pretty hands off so far and we’ve had little to no contact with them so far apart from through sister as mediator (they are not the most amicable family, and there is not much sentiment attached to the house in general, Anne in particular is not very emotionally close to Margaret for lots of reasons we won’t get into!) Is this a red flag? We will be seeing them all in a couple of weeks when they are here to do the house clearance so hopefully that will clear some stuff up.

Also to point out, these are not just mates we've met down the pub and trying to get a good deal...Anne and Jane go back years and years/frequent dog walking and care packages through covid/Jane basically rescued mum from dying alone in her own house and called ambulance/we both went to Anne's wedding a few months ago/we rehomed Margarets dog with my sister instead of putting her in a kennel/ we went to mums 80th bday in care home with family where we were the witnesses to them doing power of attorney/mum is aware that selling to us is something likely to happen although with dementia not sure how much she is aware. Basically we do have a fairly good relationship and they can see that we have been involved with her life and are not trying to take the piss.

We are concerned they may have an unrealistic valuation in mind, as brother living in London may have a skewed view of house prices, although we will wait for the valuation. We also don't think we can get a mortgage until Jane finishes maternity? She is speaking to an adviser this week I think to learn more about it.

The last conversation we had was along the lines of “It’ll be fine you can move in whenever you want and we’ll sort all the detail out down the line”, which on one hand is great but has started getting us nervous that we don’t have actually any details written down at all, only verbal agreements.
Another point is that my mum has said she will give us up to 30k to put towards deposit, which is massive help but how will that affect things?

So in conclusion…

What does everyone think? Should we go for it and not worry?? Should we back out now and keep renting?? We can literally say “sorry we’ve realised this doesn’t work for us” at any point and stay in our rented home which we have very much made our own. But this is such a great opportunity everyone we have mentioned it to says we should go for it!

Happy to answer any questions! Thanks in advance!

OP posts:
alliwantforchristmasis50k · 27/09/2023 18:59

JustWimpy · 27/09/2023 16:43

It sounds very risky for the family involved. You could move in and establish yourselves there but then find you can't get a mortgage. The worry for them is that they could be receiving no rent but find it difficult to remove you. Or you could take years to save the deposit while they need the money for Margaret's care.

Have you applied for the mortgage now and been refused because even with the gift of £30k, you aren't close to the deposit amount?

We've never been in a position to apply for a mortgage before so this would be our first time. Dont really know what to expect from the process or how long it would take, so basicially being ignorantly optimiatic it will be fine. It will be one of the things that we discuss with them ASAP.

OP posts:
namefornow88 · 27/09/2023 19:21

Op you have potentially really shot yourselves in the foot by witnessing the power of attorney agreement, especially as Margaret was diagnosed with dementia BEFORE the power of attorney was signed. It looks very very dodgy that the witnesses to the agreement stand to benefit so much from the power of attorney which was granted to their lifelong friend (free rent for an unspecified length of time)

Before this goes any further and certainly before you do any decorating or even think about moving in you need three independent valuations of the property, to see a mortgage broker about your chances of actually getting a mortgage, and to appoint a solicitor to set up the process. It's not unheard of to rent a property with an agreement to buy at a specified time in the future but it needs a solicitor to make sure it's all legal and above board and everyone is appropriately protected. As mentioned, a solicitor may have real issues with you having witnessed the lpa

DepartureLounge · 27/09/2023 20:07

namefornow88 · 27/09/2023 19:21

Op you have potentially really shot yourselves in the foot by witnessing the power of attorney agreement, especially as Margaret was diagnosed with dementia BEFORE the power of attorney was signed. It looks very very dodgy that the witnesses to the agreement stand to benefit so much from the power of attorney which was granted to their lifelong friend (free rent for an unspecified length of time)

Before this goes any further and certainly before you do any decorating or even think about moving in you need three independent valuations of the property, to see a mortgage broker about your chances of actually getting a mortgage, and to appoint a solicitor to set up the process. It's not unheard of to rent a property with an agreement to buy at a specified time in the future but it needs a solicitor to make sure it's all legal and above board and everyone is appropriately protected. As mentioned, a solicitor may have real issues with you having witnessed the lpa

God, I missed all of this with the OP being so long, but yes, red flags all over that too. It's like the set-up for an Agatha Christie fgs. You're not a pharmacist are you, OP? Shock

Twiglets1 · 27/09/2023 20:31

DepartureLounge · 27/09/2023 20:07

God, I missed all of this with the OP being so long, but yes, red flags all over that too. It's like the set-up for an Agatha Christie fgs. You're not a pharmacist are you, OP? Shock

Ooh I love a bit of Agatha Christie.

Wonder if this house is in St Mary Mead home of Miss Marple 🤔

Saz12 · 28/09/2023 00:53

Decorating or any otger work us a terrible idea - all youll achieve is making it worth more before you buy it! Maintenance - fine, but not repairs.

Get a survey & valuation, and agree to pay what it shows, IF youre both happy, and can get mortgage.
Who insures it until its yours?
What about during probate if necessary?

electriclight · 28/09/2023 05:21

I think this is a terrible idea for them.

Margaret's care home fees will be significant. Why are they using her savings when they could be charging you full rent to contribute to those?

I don't understand why they are letting you live there, almost rent free. They are essentially giving you the deposit out of their own pocket.

I don't understand why they are letting you make changes to the property when you could bodge it and then simply walk away.

In fact, how do they get you out if you stop paying rent, can't raise a mortgage or change your mind about buying it.

What if they want you to pay more for it than you want to pay?

What happens when one of the siblings realises the above could lead to disaster and gets cold feet?

I wouldn't rent from anyone without the legal protection of a tenancy agreement.

SillySausagez · 28/09/2023 05:29

Get the valuations done now

SillySausagez · 28/09/2023 05:31

Personally I’d get a valuation done, agree a price before moving in and not undertake any work till it’s yours.

Workingmumlife1 · 28/09/2023 06:18

We did this in the family. With the full legal documentation and rent paid etc.

When it came to purchasing it was £90k more in value both natural increase and the work we had done. Despite the pre signed legal paperwork the difference had to be “gifted” to us by the family. I’m not sure many mortgage companies would accept a gifted deposit from what is essentially Joe bloggs down the street.

you need a solicitor and mortgage advisor NOW

electriclight · 28/09/2023 07:26

A valuation now isn't particularly helpful. A year from now, when you're ready to buy it could be worth 10% less but how will you go about negotiating that or wriggling out of what you've already agreed to pay.

worriedatwork123 · 28/09/2023 08:02

disaster written all over this

i also imagine when the family themselves seek legal advice they will be advised against by their solicitor, after all what is in it for Margaret you is the legal owner?

If there's a POA in place they have a duty to make the best financial decisions for Margaret and unless she has expressly made a recorded wish for this to happen before she lost capacity then i can't see how it would be the best financial decision for Margaret, as the legal owner. Whether your wife and her daughter are life long friends is neither here nor there when making best interest financial decisions for Margaret - if they were renting the property they should rent at market value to benefit Margaret's financial position and to do otherwise for the benefit of daughter and her friend is not a best interest financial decision. Essentially Margaret would be giving you free rental from her assets and the court of protection would rightly ask why!

plus you seem to have no clue about whether you'd get a mortgage, what deposit you need, what the repayments would be so how on earth do you know you'd be able to save the deposit - even with free/low rent ....

LindaDawn · 28/09/2023 08:11

One thing I thought about was if Margaret were to live a long time in the care home and her money ran out (even after using the sale proceeds) and then the council had to step in and pay the care home fees, Margaret has in effect given away money to you by allowing you to live in her house rent free which I think would raise red flags with the council. I believe the average time spent in a care home is approx 18 months before dying but some people live much longer.

Whataretheodds · 28/09/2023 08:27

You really need to:
Do some mortgage calculators online and speak to a broker.
Work out what money you have (deposit + available to pay mortgage. They will take into account childcare costs and any reduction in salary).
Do some research into sold prices locally. Consider if it's realistic to save enough of a deposit and legal fees, moving costs and stamp duty (if applicable) in that time

Make sure 3 x EA valuations or an independent professional valuation is being done.

I also don't entirely understand why they'd let you stay rent free for 6 months. I can see they might not want the hassle of becoming landlords but it's in their interest to maximise return from the property.

Whataretheodds · 28/09/2023 08:29

(BTW- when you're explaining your situation to a solicitor or similar you don't need all the explanation about picture frames and cat flap. You rent the house next door. Enough. But use that attention to detail you have to think of all the ways this could go wrong and plan.)

LadyLapsang · 28/09/2023 09:01

Those with LPA must act in Margaret’s best interests - I think it would be very difficult to argue that letting a friend live rent free / soft rent aligns with this.

The fact that you witnessed the legal documents and are now set to benefit is a concern. Did Margaret have an assessment of her mental competence at the time of agreeing the LPA?

If the local authority is involved with paying for her care, I would expect them to seriously consider deprivation of assets - house being left unoccupied, delay in selling with associated costs, cosy agreements with friends that are not in Margaret’s best interests.

If you want to live locally, why don’t you suggest to your landlord that you buy your current house?

If you still want to explore this, I suggest -

Family get a Red Book valuation from a chartered surveyor and 3 valuations from estate agents then agree the price they want.

You commission a full structural survey to assess value, risk and work required.

If you and the family can agree on a price, then you get a mortgage offer and proceed.

EyesOnThePies · 28/09/2023 09:16

Does the London brother agree with you moving in and living rent free / low rent?

If Margaret now lacks capacity (and simply being diagnosed with dementia and living in a home doesn’t establish that) the only person. / people who can agree this on her behalf are those with LPA. So Anne’s ‘word’ is meaningless.

You need a proper rent agreement.

Get valuations now.

JustWimpy · 28/09/2023 09:50

I assume you at least know roughly what the house is worth and have calculated what mortgage amount you could borrow? There's zero point moving in and saving the rent you should be paying Margaret if you'll never be able to borrow the balance to buy it.

alliwantforchristmasis50k · 10/11/2023 18:32

Hi all just wanted to update anyone who is interested!

After taking a lot of your helpful advice on board, we had quite a few discussions with the family about the house, but they were continually being cagey about values/timeliness etc

After they eventually had some evaluations done they decided they wanted xxx amount, which was way above what we could have taken out for a mortgage (we spoke to an adviser)

So basically the nail was in the coffin pretty sharpish as we could not afford what they wanted for it!!! Tbh it's a load off our minds and we can now focus on having our first kid (due in December!) without the added stress of moving house!

Not sure if my wife and her friend are still talking!!! 😅😅😅

All the best to them expecting a ridiculous amount for a shit property!!!

OP posts:
JustWimpy · 10/11/2023 18:46

Well done for pinning down the asking price and finding out exactly what you could borrow.

KievLoverTwo · 10/11/2023 19:09

Sorry it didn't work out, but I am so glad you posted on here.

LindaDawn · 10/11/2023 21:53

Thanks for updating us. Your situation was fraught with difficulties. At least it got sorted. It wasn’t meant to be. Enjoy your new baby and feel sure that you will get a lovely house in the not too distant future.

Twiglets1 · 11/11/2023 07:11

Thanks for the update @alliwantforchristmasis50k and sorry it didn't work out. It sounded a bit good to be true if it had all worked out and like most things that sound too good to be true, had hidden problems.

ABeautifulThing · 11/11/2023 07:55

So often the case when multiple siblings are involved in a decision that they want to aim for the stars and not take the quicker route. They probably figure they will need as much money as possible for the care home and aren't a rush to sell so can afford to bide their time.
It would be shame if the friendship was spoiled for this, the original offer was made for all the right reasons and I doubt the friend was behind any change of heart, the London brother with poa will have had a lot of say.
Your hopes were raised but you've suffered nothing more than disappointment which was always pretty likely for this situation, I'd be magnanimous and let it was on through without bad feelings.
All the best with the new baby.

ABeautifulThing · 11/11/2023 07:59

To be fair, installing you as tenants for a token rent in a way that meant you were legally safe and not in a precarious position, would have involved quite a bit of admin on their side and they would have become landlords with all the legal obligations that involves, so it was a nice idea but not ideal for all parties in practice.
I think the take home from all this is that your friend wanted to help you.

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