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How do I evict a tenant with the right to live in my property for life?

Discussion in 'Legal' started by Gallaway, Oct 23, 2010.

  1. Gallaway

    Gallaway UKBF Newcomer Free Member

    Posts: 4 Likes: 3
    Hi,

    I own a property that my evil mother lives in. In February 2007, as part of my divorce, and to stop my ex-husband making another claim on this property, the Courts gave my mother the right to remain in this property for life, subject to the Tenancy Agreement. The entire equity of the property was awarded to myself.

    My mother stopped paying the £600 per month rent and started to just pay the £400 mortgage each month. As I have other debts on this property, and now a single mother on Income Support I am now struggling to survive. My divorce Judge has advised me that I can evict my mother for non-payment of rent, but I cannot find a solicitor who will take this on for me. In addition to this the only copy of the Agreement is with Housing Benefit, who tell me that I have no right to a copy of the agreement without my mothers permission (which she will not give), I know the details of it, the rent amount and the date it was signed.

    My mother refuses to negotiate with me or discuss this, we no longer talk. All she will say is that she wants £80k to leave (all the equity), which will leave me in debt for the rest of my life.

    I am legally unable to sell the property (with a tenant), I cannot remortgage the property, or do anything else with it.

    What can I do to either evict my mother, or force her to pay the entire rent - I am entitled to Legal Aid, but not sure it will cover this.

    Please can anyone help???
     
    Posted: Oct 23, 2010 By: Gallaway Member since: Oct 23, 2010
    #1
  2. JoTheEntreprenette

    JoTheEntreprenette UKBF Newcomer Free Member

    Posts: 113 Likes: 25
    I would call Paul Shamplina from Landlord Action. He likes to deal with difficult cases like this.

    Good Luck

    Jo
     
    Posted: Oct 23, 2010 By: JoTheEntreprenette Member since: Jun 25, 2010
    #2
  3. deniser

    deniser UKBF Legend Free Member

    Posts: 7,757 Likes: 1,645
    Can you clarify what sort of tenancy agreement your mother has exactly? I am assuming it is not a "life tenancy" which doesn't normally have a rent attached to it but more likely something like an assured tenancy which gives her security of tenure provided she pays her rent?
     
    Posted: Oct 23, 2010 By: deniser Member since: Jun 3, 2008
    #3
  4. Bri

    Bri UKBF Big Shot Free Member

    Posts: 3,048 Likes: 600
    Regardless of the relationship I cant imagine anyone turfing their mother out of her home( my own mother is a pin in the a*se).This is a very tricky situation and one that needs to be handled with some care.

    I'm really sorry to hear about your misfortune and problems but you do need to tread carefully as all sorts of cans of worms can be opened.

    I'm sure there are other avenues of approach they just need thinking about and exploring.
     
    Posted: Oct 23, 2010 By: Bri Member since: Oct 9, 2008
    #4
  5. Gallaway

    Gallaway UKBF Newcomer Free Member

    Posts: 4 Likes: 3
    Hi,

    Many thanks for your replies, they have been really helpful, the tenancy agreement is a shorthold one, which I bought from WH Smiths and was signed in October 2004, the rent arrears are in the region of £15k, if you take off the mortgage payments she made, though the Judge stated that these should not be included, because she signed an agreement to pay me rent, the fact that she decided to pay the mortgage is irrelevant, she still owes me all the rent which is in the region of £42k.

    In response to Bri, for the last 15 years, I not only bought my mother a house, but gave her an income of £500 per month. Now that I am a divorced mother of 3 children and for the first time in my life on benefits, I am now having to pay £350 per month for my mother to live in this property, due to her actions. This is half my income. We have had to get rid of our dog, leaving my children devastated, we go without electric at least once a week. We spent the entire summer holidays indoors, we did not even have enough petrol to go to the local park. My mother knows all this and says she will not change her mind until I give her £80k, which is all the equity. Legally I am not allowed to give her any money from the property as she is in receipt of Housing Benefit, and this would amount to Benefit Fraud. She is fully aware of this and is demanding the money anyway. In additon to this I still owe £15k Legal Aid, which is from fighting my ex-husband in our divorce, as he also wanted half of the house my mother lives in, which I bought before I ever knew him.

    I have asked to remortgage, to lessen the debt massively, which I will continue to pay. I have offered to sell this house and buy her another house anywhere in the country of her choice. I have offered to refinance the property and reduce her rent to £200 per month AND write off all the arrears - she has refused all offers.

    My mother is an evil, vile, dispicable person, who disciplined us children in the most horrific way, other parents have gone to prison for less - please do not compare my mother to yours, if she was only a pain in the a**e, I would not dream of going down this route. Despite my past, which is forgiven and forgotten, I have taken care of her and supported her whilst my siblings ran to the corners of this country and refuse all contact. I can no longer allow her to continue to abuse not only me but also now MY children. Some people are just pure evil and need to be dealt with accordingly.

    I do appreciate all comments and any help, but I would rather not have judgements.

    Many thanks,

    Mel
     
    Posted: Oct 23, 2010 By: Gallaway Member since: Oct 23, 2010
    #5
  6. benjamin_c

    benjamin_c UKBF Enthusiast Free Member

    Posts: 865 Likes: 112
    Burn it down and claim on the insurance! (Don't actually do that because you'll end up in prison)
    I'm confused why the court would give her a lifetime right to live in the house, surely if she is a tennent and is refusing to pay the rent you can just evict her? if the house is yours what is stopping you from selling it? it seems a very strange case to me.
     
    Posted: Oct 23, 2010 By: benjamin_c Member since: Jun 3, 2009
    #6
  7. Bri

    Bri UKBF Big Shot Free Member

    Posts: 3,048 Likes: 600
    Thank you Mel, for coming back. Some come here for advice and are never seen again.

    Although my mother is a pain in the bum, I will spare you my childhood and adult experiences at her hands and I'd already qualified myself about your situation.

    There is simply still no easy answer to your dilemma.CAB will be mentioned to you, a specialist solicitor in this may help you.

    I'm struggling to work out the difference in housing benefit and mortgage. Has your mother told the council that she's paying a fixed rent which is not allied to the actual mortgage payment that she's getting benefit for.

    Is this what your mothers holding against you, your past? Your siblings have disowned her or both of you?I 'm still standing on the side of what I said earlier, everyone is at a high emotional state and that sometimes clouds judgment. Trust me no one here will judge you, we will pass comment and our own feelings on the subject.

    Have you had discussions with your lender about extending the mortgage rather than remortgaging or turn it into an interest only mortgage, speak to them tell them your situation.
    Get back to the benefits agency and plead with them to listen to you
     
    Posted: Oct 23, 2010 By: Bri Member since: Oct 9, 2008
    #7
  8. sirearl

    sirearl UKBF Legend Free Member

    Posts: 29,649 Likes: 6,593
    Do whatever you have to to get your house back.

    You're children's welfare comes first.

    Sure there is someone to take up the legal case,The law quite rightly always favours childrens welfare above all else in general.

    Good Luck .

    Earl
     
    Posted: Oct 23, 2010 By: sirearl Member since: Apr 23, 2007
    #8
  9. Gallaway

    Gallaway UKBF Newcomer Free Member

    Posts: 4 Likes: 3
    Thanks again!!!

    My mothers life interest has been put as a "B32? notice" on my deeds, I am not able to sell, refinance or do anything without her permission. It is a nightmare.

    I have been trying to resolve this for over 3 years, and have tried nearly every avenue - going to contact Paul Shamplina, he sounds like a god lol!!!! and if I could afford to insure the property, the burning suggestion would be perfect lol!!!!

    Well she smokes 300 a day (well a night, she sleeps all day) so hopefully something has to give lol!!!!!

    Poor and cold but still smiling lol xxxxxxxxxxxxxxxxx
     
    Posted: Oct 23, 2010 By: Gallaway Member since: Oct 23, 2010
    #9
  10. Spongebob

    Spongebob UKBF Ace Free Member

    Posts: 1,991 Likes: 1,029

    I'm a bit confused as to why it is costing you £350 pm if your mother is paying the mortgage.
     
    Posted: Oct 24, 2010 By: Spongebob Member since: Dec 9, 2008
    #10
  11. deniser

    deniser UKBF Legend Free Member

    Posts: 7,757 Likes: 1,645
    I'm confused as to why she has a life tenancy if she is there on an assured shorthold tenancy.
     
    Posted: Oct 24, 2010 By: deniser Member since: Jun 3, 2008
    #11
  12. thevaliant

    thevaliant UKBF Contributor Free Member

    Posts: 71 Likes: 18
    Posted: Oct 24, 2010 By: thevaliant Member since: Dec 9, 2008
    #12
  13. directmarketingadvice

    directmarketingadvice UKBF Legend Free Member

    Posts: 10,958 Likes: 3,540
    Me, too.

    I'm also confused as to why you can't remortgage if there £80,000 equity in the property... or why you can't evict her.

    Steve
     
    Posted: Oct 24, 2010 By: directmarketingadvice Member since: Aug 2, 2005
    #13
  14. deniser

    deniser UKBF Legend Free Member

    Posts: 7,757 Likes: 1,645
    I don't think there is any point asking the same question until the facts are straightened out.

    To the OP - can you please clarify exactly what happened leaving out everything which is not relevant to the question?

    I do have the knowledge to answer but can't without the basic facts.

    eg. when did you buy the house, when did your mother move in, whose name is on the title, who took out the mortgage, who paid what proportion of the mortgage and when, who signed what, what rent was paid and when etc.
     
    Posted: Oct 24, 2010 By: deniser Member since: Jun 3, 2008
    #14
  15. roydmoorian

    roydmoorian UKBF Ace Full Member - Verified Business

    Posts: 1,914 Likes: 336
    Perhaps you and your siblings could get her locked up for how she treated you as children ?
     
    Posted: Oct 24, 2010 By: roydmoorian Member since: Nov 6, 2009
    #15
  16. Bri

    Bri UKBF Big Shot Free Member

    Posts: 3,048 Likes: 600
    This is not an area I would like to get involved with,and we are talking about someones mother regardless of how they were treated.I dont see eye to eye with my own mother yet I treat her with respect.

    The poster has asked us not to judge and until she comes back with more facts/detail about the house we sit and wait.
     
    Posted: Oct 24, 2010 By: Bri Member since: Oct 9, 2008
    #16
  17. sirearl

    sirearl UKBF Legend Free Member

    Posts: 29,649 Likes: 6,593
    As the OP said do not judge her mother by your experience.

    Respect is earnt by actions,if all her siblings feel the same way about her its a pretty sure thing dear mummy was the mother from hell.;)

    Earl
     
    Posted: Oct 24, 2010 By: sirearl Member since: Apr 23, 2007
    #17
  18. Bri

    Bri UKBF Big Shot Free Member

    Posts: 3,048 Likes: 600
    [FONT=Trebuchet MS, arial, helvetica, sans-serif][FONT=Trebuchet MS, arial, helvetica, sans-serif]Dic mihi solum facta, domina [/FONT][/FONT]
     
    Posted: Oct 24, 2010 By: Bri Member since: Oct 9, 2008
    #18
  19. thevaliant

    thevaliant UKBF Contributor Free Member

    Posts: 71 Likes: 18
    The reason I suggested Landlordzone forums is that the posters on there are more knowledgable on the area which the OP has a problem, namely residential property law. I think this forum is more commercial legal issues (involving Ltd companies, directorships, shareholding etc).

    There are at least three regular legal people who post on Landlordzone who specialise in rental property law. I think it would be better if she asked there.
     
    Posted: Oct 24, 2010 By: thevaliant Member since: Dec 9, 2008
    #19
  20. saxondale

    saxondale Banned

    Posts: 3,742 Likes: 612

    don`t you just hate it when been "clever" comes round and bites you on the bum.









    .
     
    Last edited: Oct 24, 2010
    Posted: Oct 24, 2010 By: saxondale Member since: Jul 23, 2008
    #20